HL Deb 22 July 1988 vol 499 cc1593-5

21 Clause 6, page 8, line 2, at end insert— '(8A) if the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.'

22 Page 8, line 3, leave out from beginning to 'shall' in line 5 and insert— '(9) A person may be committed in the exercise of the power conferred by subsection (8) above either to custody or on bail.

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

(11) If—

  1. (a) the court is not satisfied as mentioned in subsection (8) above in relation to the person arrested; or
  2. (b) his committal is prohibited by a provision of this Part of this Act, it'.

23 Clause 7, page 8, line 6, after 'order', insert 'of committal'.

24 Page 8, line 7, 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'.

25 Page 8, line 11, at end insert— '(1A) If the state seeking his surrender 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 state 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.'

26 Page 8, line 12, 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'.

27 Clause 7, page 8, line 21, leave out subsection (4) 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 below in respect of the person whose return was requested.

(4A) An order made by a metropolitan magistrate under subsection (IA) 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 state seeking surrender 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 (IA) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.'

28 Page 8, line 23, leave out subsection (5).

29 Page 8, line 31, at end, insert—

  1. '(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.
  2. (6B) Subject to subsections (4A) and (4B) above, an order under subsection (1A) above shall have effect so long as the case is pending.
  3. (6C) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any 1594 power of a court to grant leave to take any step out of time) there is no step that the foreign state can take.'

30 Page 8, leave out line 32 and insert— (7) In the application to Scotland of this section, subsections (6) and (6A) shall be omitted and, in".

33 Clause 7, page 9, line 3, leave out from beginning to 'that' in line 5 and insert— '(3) Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the application'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'.

34 Page 9, line 15, at end insert 'relevant to the exercise of their jurisdiction under section 3 above or subsection (3) above.

35 Page 9, line 17, leave out from 'pending' to end of line 22 and insert '(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'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 21 to 35 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 21 to 35.(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

36 Clause 9, page 9, line 29, leave out 'to await his return'.

37 Page 9, line 46, leave out 'confirmed' and insert 'conferred'.

38 Page 10, line 3, leave out subsection (6).

39 Page 10, leave out line 6 and insert— '(7) Unless the person to whom it relates waives the right conferred on him by subsection (8) below, he shall not be returned to the foreign state'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 36 to 39.

Perhaps I may speak at the same time to Amendments Nos. 42 to 50, 255 and 287. The purpose of these amendments is to improve the drafting of some additional safeguards inserted into Clause 9 during consideration of the Bill in another place, and to take account of the experience of a recent extradition case. None of the amendments goes to the substance of what Clause 9 at present contains. The new statutory right to make representations to the Secretary of State remains, as does the right to seek judicial review of the decision to return the fugitive. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 36 to 39.—(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

40 Clause 9, Page 10, line 8, after 'as', insert— '(a) in England and Wales,'.

41 Page 10, line 9, after 1981, insert 'or

(b) in Scotland, the High Court of Justiciary by Act of Adjournal'.

42 Page 10, line 10, leave out 'the person, to whom the order would relate and insert, 'he'.

43 Page 10, line 12, leave out 'issue' and insert 'make'.

44 Page 10, line 13, leave out subsection (9).

45 Page 10, line 16, leave out 'until the end of the proceedings for judicial review' and insert 'so long as the proceedings for judicial review are pending'.

46 Page 10, line 19, leave out from 'as' to end of line 23 and insert 'pending (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'.

47 Page 10, line 24, leave out subsection (12) and insert—

(12) A warrant under this section—

  1. (a) shall state in ordinary language that the Secretary of State has considered any representations made in the exercise of the right conferred by subsection (3) above; and
  2. (b) shall explain in ordinary language the rights conferred by this section on a person whose return to a foreign state has been ordered under this section.
and a copy shall be given to the person to whom it relates as soon as the order for his return is made.'.

48 Page 11, line 8, after 'withdrawn', insert 'or unless an order is made for it to lie on the file'.

49 Page 11, line 10, at end insert— '(14A) In the application of this section to Scotland, the reference in subsection (14) above 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.'.

50 Page 11, line 21, leave out subsection (16).

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 40 to 50 en bloc. The amendments are consequential with Amendment No. 12 to which I spoke earlier. I commend the amendments to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 40 to 50.—(Earl Ferrers.)

On Question, Motion agreed to.