HL Deb 26 January 1999 vol 596 cc138-9WA
Lord Lamont of Lerwick

asked Her Majesty's Government:

Further to the Written Answer by the Lord Williams of Mostyn on 17 December 1998 (WA 187) indicating that the Home Office was not involved in the preparation of the warrant for the extradition of General Pinochet, whether the Crown Prosecution Service was involved in the preparation of either of the warrants for the extradition of General Pinochet. [HL460]

The Lord Chancellor (Lord Irvine of Lairg)

Senator Pinochet was arrested by officers of the Extradition Squad of the Metropolitan Police Service at the request of the Kingdom of Spain on the evening of 16 October 1998 pursuant to a Provisional Warrant issued earlier the same evening by Bow Street Magistrates' Court under Section 8 of the Extradition Act 1989 and Article 16 of the Convention. The Crown Prosecution Service was informed of the arrest on 19 October 1998. Since that time it has acted as the agent of the Kingdom of Spain in respect of these proceedings. The Crown Prosecution Service did not play any part in the drafting of, or application for, the warrant of 16 October 1998. When concerns emerged about the validity of that warrant, the Crown Prosecution Service was involved in the preparation of, and application for, the second Provisional Warrant, which was granted at Bow Street Magistrates' Court on 22 October 1998.

Lord Lamont of Lerwick

asked Her Majesty's Government:

Why lawyers from the Crown Prosecution Service visited Madrid prior to the issue of the second warrant for the extradition of General Pinochet. [HL464]

The Lord Chancellor

On 22 October a CPS lawyer, Junior Counsel and an interpreter travelled to Madrid to ascertain from the Spanish authorities whether an application for a second Provisional Warrant specifying different offences was appropriate on the available facts and in accordance with their instructions. In addition, the visit to Madrid was used to explain to the Spanish authorities the detailed requirements of English extradition law in relation to the contents of the full request for extradition and the relevant time limits. A considerable amount of Spanish material relating to the case was considered.

The individuals concerned returned to this country the following day.