HL Deb 22 July 1988 vol 499 cc1679-84

260 Schedule 1, page 104, line 42, at end insert—

'(1 A) If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not he released except on bail.

(1 B) Rules of Court may specify—

  1. (a) a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and
  2. (b) a period within which the court must comply with such an application.'

260A Page 104, line 42 [Schedule 1], leave out 'refuses to state a case' and insert 'fails to comply with an application under subsection (1) above within the period specified in Rules of Court'.

261 Page 105, leave out lines 5 to 13 and insert—

'(4) An order made by a court in England and Wales or Northern Ireland under subsection (1A) above shall cease to have effect if—

  1. (a) the High Court dismisses the appeal; and
  2. (b) the chief officer or chief constable does not immediately—
    1. (i) apply for leave to appeal to the House of Lords; or
    2. (ii) inform the court that he intends to apply for leave.

(5) An order made by a court in Scotland under subsection(1A) above shall cease to have effect if the court dismisses the appeal.

262 Page 105, line 19, at end insert—

'(6A) The House of Lords may exercise any powers of the High Court under subsection (3) above and subsection (4) above shall apply to them as it applies to that Court.

(6B) Subject to subsections (4) and (5) above, an order under subsection (1A) above shall have effect so long as the case is pending.

(6C) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.'

263 Page 105, line 25, after 'court', insert ', other than the reference in subsection (6A) above.'

264 Page 105, leave out line 28 and insert— (e) subsections (6) and (6A) shall be omitted; and, in".

265 Page 105, line 41, after 'conduct', insert 'in a designated Commonwealth country or United Kingdom dependency'.

266 Page 105, line 45, leave out 'Commonwealth country' and insert 'designated Commonwealth country of United Kingdom dependency'.

267 Page 105, line 46, at end insert— '(aa) any conduct which by virtue of subsection (4)(b) or (bb) below is treated as conduct in a designated Commonwealth country or United Kingdom dependency and which satisfies the conditions in paragraph (a) above; or'.

268 Page 105, line 48, leave out 'Commonwealth country' and insert 'designated Commonwealth country or United Kingdom dependency'.

269 Page 106, line 7, leave out 'outside the United Kingdom'.

270 Page 106, line 13, leave out 'Commonwealth country' and insert 'designated Commonwealth country or United Kingdom dependency'.

271 Page 106, line 21, leave out 'Commonwealth country' and insert 'designated Commonwealth country or United Kingdom dependency'.

272 Page 106, line 22, after 'country', insert 'or dependency'.

273 Page 106, line 25, leave out paragraph (b) and insert— '(b) conduct in a dependency of a designated Commonwealth country, or a vessel, aircraft or hovercraft of such a country shall be treated as if it were conduct in that country; (bb) conduct in a vessel, aircraft or hovercraft of a United Kingdom dependency shall be treated as if it were conduct in that dependency.'.

274 Page 107, line 9, at end insert—

'5A.—(1) The following subsections shall be substituted for subsection (2) of section 5 (authority to proceed)— (2) There shall be furnished with any such request—

  1. (a) particulars of the person whose return is requested;
  2. (b) particulars of the offence of which he is accused or was convicted (including information sufficient to justify the issue of a warrant for his arrest under this Act);
  3. (c) in the case of a person accused of an offence, a warrant for his arrest issued in the Commonwealth country or United Kingdom dependency; and
  4. (d) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence,
and copies of them shall be served on the person whose return is requested before he is brought before a court under section 7 of this Act.

(2A) Rules under section 144 of the Magistrates' Court Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales.

(2B) The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland".

(2) The following subsection shall be added at the end of that section— (4) An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of Stte would be constituted by equivalent conduct in the United Kingdom.".'.

275 Page 107, line 10, leave out paragraph 6 and insert—

6. In subsection (1)(a) of section 6 (arrest for purposes of committal) for the words "a metropolitan stipendiary magistrate or by" there shall be substituted the words—

  1. "(i) the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated for the purpose of this Act by the Lord Chancellor; or
  2. (ii) ".

6A.—(1) In subsection (I) of section 7 (proceedings for committal) for the words "a metropolitan stipendiary magistrate" there shall be substituted the words "the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 6(1)(a) above.

(2) For the words in subsection (5) of that section from "the court shall" to the end there shall be substituted the words "the court, unless his committal is prohibited by any other provision of this Act, shall commit him in custody or on bail—

  1. (i) to await the Secretary of State's decision as to his return to the country on behalf on which the request for his return was made; and
  2. (ii) if the Secretary of State decides that he shall be returned to that country, to await his return.

(5A) If the court commits a person under subsection (5) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.

(6) A person may be committed in the exercise of the power conferred by subsection (5) above either to custody or on bail.

(7) If the court commits a person on custody in the exercise of that power, it may subsequently grant him bail if it considers it appropriate to do so.

(8) If—

  1. (a) the court is not satisfied as mentioned in subsection (5) above in relation to the person arrested; or
  2. (b) his committal is prohibited by a provision of this Act, it shall discharge him".'.

276 Page 107, line 13, after 'order' insert 'of committal'.

277 Page 107, line 14, after 'above', insert 'in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed relates'.

278 Page 107, line 14, leave out 'Commonwealth'.

279 Page 107, line 19 at end insert—

'1(A) If the country seeking his return immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail.

(1B) Rules of Court may specify—

  1. (a) a period within which a country must make such an application unless the Court grants a longer period; and
  2. (b) a period within which the court of committal must comply with such an application.'

280 Page 107, line 20, leave out 'refuses to state a case' and insert 'of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court'.

281 Page 107, line 22, leave out 'Commonwealth'.

282 Page 107, leave out lines 31 and 32 and insert—

'(4) Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State has power to make an order under section 9 of the Act in respect of the person whose return was requested.

(4A) An order made by a metropolitan magistrate under subsection (1A) above shall cease to have effect if—

  1. (a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and
  2. (b) the country seeking return does not immediately—
    1. (i) apply for leave to appeal to the House of Lords; or
    2. (ii) inform the court that it intends to apply for leave.

(4B) An order made by the sheriff of Lothian and Borders under subsection (1A) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all of the offences to which it relates.'

283 Page 107, leave out lines 33 to 38.

284 Page 107, line 43, at end insert—

'(6A) The House of Lords may exercise any powers of the High Court under subsection (3) above and subsection (4) above shall apply to them as it applies to that Court.

(6B) Subject to subsections (4A) and (4B) above, an order under subsection (1A) above shall have effect so long as the case is pending.

(6C) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the Commonwealth country can take.'

285 Page 107, leave out line 44 and insert— (7) In the application to Scotland of this section, subsections (6) and (6A) shall be omitted, and,".

286 Page 107, line 50, leave out sub-paragraph (1) and insert—

'(1) Section 8 (application for habeas corpus etc.) shall be amended as follows.

(1A) The words "to custody" shall be omitted from subsections (1) and (2).

(1B) The following words shall be substituted for the words in subsection (3) from the beginning to "the court", in the second place where those words occur— (3) Without prejudice to any jurisdiction of the High Court or High Court of Justiciary apart from this section, the court shall order the applicant's discharge if it appears to the court, in relation to the offence, or each of the offences, in respect of which the applicant's return is sought,

(1C) In subsection (5), for the words from "until" to the end there shall be substituted the words "(unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal".'.

287 Page 108, line 23, at end insert—

'8A.—(1) Section 9 (order for return to requesting country) shall be amended as follows.

(2) In subsection (1) for the words "to await his return" there shall be substituted the words "under section 7 of this Act".

(3) In paragraph (b) of subsection (2), after the word "withdrawn" there shall be inserted the words "or unless an order is made for it to lie on the file".

(4) The following subsection shall he inserted after that subsection— (2A) In the application of this section to Scotland, the reference to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore….".'.

288 Page 108, line 23, at end insert—

'8B. In subsection (I) of section 10 (discharge in case of delay in returning) for the words from "to" to "Act", in the first place where it occurs, there shall be substituted the words "under section 7 of this Act is still in the United Kingdom".'.

289 Page 108, line 27, leave out 'Commonwealth country' and insert 'designated Commonwealth country or United Kingdom dependency'.

290 Schedule 3, page 109, line 24, leave out paragraph 1.

291 Page 110, line 39, leave out sub-paragraph (a).

292 Schedule 5, page 112, line 35, leave out sub-paragraphs (2) and (3) and insert—

'(2) In subsection (1), after the word "shall" there shall be inserted the words "first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,".

(3) In subsection (3), for the words from "sum", in the second place where it occurs, to "balance" there shall be substituted the words "justices' clerk shall apply the money received for the purposes specified in this section and in the order so specified.

(3A) The justices' clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 17A(2) of this Act but not already paid under subsection (1) above.

(3B) If the money was paid to the justices' clerk by a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order the justices' clerk shall next pay the receiver's remuneration and expenses.

(3C) After making—

  1. (a) any payment required by subsection (3A) above; and
  2. (b) in a case to which subsection (3B) above applies, any payment required by that subsection,
the justices' clerk shall reimburse any amount paid under section 18(2) of this Act.

(3D) Any balance in the hands of the justices' clerk after he has made all payments required by the foregoing provisions of this section" ".

293 Page 113, line 28, leave out 'the insolvency practitioner's negligence; and the insolvency practitioner' and insert 'his negligence in so acting; and a person so acting.'

294 Page 113, line 51, leave out 'the foregoing provisions of this section' and insert 'this Act'.

295 Page 114, line 8, at end insert—

'10A. In subsection (2) of section 18 (receivers: supplementary provisions) for "(3)(a)" there shall be substituted "(3B)".

10B. In section 19 (compensation)—

  1. (a) in paragraph (b)(i) of subsection (1), the words "(and no conviction for any drug trafficking offence is substituted" shall cease to have effect; and
  2. (b) at the end of that subsection there shall be added the words "if. having regard to all the circumstances, it considers it appropriate to make such an order".
  3. (c) in subsection (2)—
    1. (i) the words "and that, but for that default, the proceedings would not have been instituted or continued,", and
    2. (ii) in paragraph (b), the word "substantial", shall cease to have effect; and
  4. (d) the following subsection shall be inserted after that subsection—
(2A) The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued even if the serious default had not occurred.".

10C. The following subsection shall be inserted after subsection (5) of section 24 (assisting another to retain the benefit of drug trafficking)— (5A) In this section "constable" includes a police officer engaged on central service (as defined in section 43(5) of the Police Act 1976).".

296 Page 114, line 23, leave out from 'specified' to `and' in line 30 and insert 'this Act shall apply to external confiscation orders'.

297 Page 114, line 31, leave out from 'proceedings' to 'there' in line 34 and insert 'which have been or are to be instituted in the designated country and may result in an external confiscation order being made.'.

298 Page 114, line 47, leave out 'arising' and insert 'which arise'.

299 Page 114, line 49, leave out 'and which are retained there shall nevertheless' and insert 'shall'.

300 Page 114, line 51, at end insert— '(1A) In this Act external confiscation order" means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and modifications" includes additions, alterations and omissions.'.

301 Page 115, line 2, at end insert—

'(2A) The power to make an Order in Council under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.'.

302 Page 115, line 27, leave out 'subsection shall he substituted for subsection' and insert 'subsections shall be substituted for subsections (12) and'.

303 Page 115, line 28 at end insert—

'(12) Proceedings for an offence are concluded—

  1. (a) when (disregarding any power of a court to grant leave to appeal Out of time) there is no further possibility of a confiscation order being made in the proceedings;
  2. (b) on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).'.

304 Page 115, line 43, at end insert— '17A In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from "sum", in the second place where it occurs, to "applied", in the third place where it occurs, there shall be substituted the words "sheriff clerk shall apply the money recieved—

  1. (a) first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above:
  2. (b) next, in payment of the administrator's remuneration and expenses;
  3. (c) next,".'

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 260 to 304 en bloc. These are consequential amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 260 to 304.—(Earl Ferrers.)

On Question, Motion agreed to.

4.15 p.m.