§ Lord Lamont of Lerwickasked Her Majesty's Government:
What have been the legal costs incurred by the Crown up to 31 December 1998 on the case brought for the extradition of General Pinochet. [HL531]
§ The Lord Chancellor (Lord Irvine of Lairg)It is not possible to separate out the cost of proceedings against General Pinochet from other cases conducted by the Crown Prosecution Service. Details of counsel's costs are not currently available. A figure will be agreed shortly.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
Whether the costs of the Crown in the case for the extradition of General Pinochet will be refunded by the Spanish Government; and whether there is a cap on the amount of expenses the Spanish Government are prepared to pay for. [HL600]
§ The Lord ChancellorExtradition arrangements between the United Kingdom and the Kingdom of Spain are governed by the European Convention on Extradition 1959 (the convention) which was given force in our domestic law by the European Convention on Extradition Order 1990. The position in English law is also regulated by the provisions of the Extradition Act 1989. Article 1 of the convention imposes an obligation on the contracting parties to surrender fugitives whose extradition is sought by another party to the convention in respect of proceedings for a criminal accusation or the carrying out of a sentence of imprisonment, provided the requirements of the convention are met. Article 24 of the convention provides that the expenses of bringing an application for extradition in the territory of the requested party are to be borne by that party.
By virtue of the United Kingdom's obligations, the costs of preparing and presenting the Kingdom of Spain's case will be borne by the Crown Prosecution Service. While there is no specific limit on such spending, the Crown Prosecution Services will provide value for money by ensuring that only an appropriate number of suitably qualified and experienced staff are engaged on the case and by negotiating reasonable remuneration for counsel based on a fair assessment of the number of hours expended in its preparation and presentation, taking account of the complexity and gravity of the case.
As extradition arrangements are reciprocal, the cost of extraditions requested by the United Kingdom from Spain are borne by Spanish authorities.
§ Lord Lamont of Lerwickasked Her Majesty's Government:
How many Queen's Counsel were employed by the Crown Prosecution Service in the case for the extradition of General Pinochet. [HL528]
§ The Lord ChancellorOne, Mr. Alun Jones QC.
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§ Lord Lamont of Lerwickasked Her Majesty's Government:
How many Queen's Counsel were employed by the Crown Prosecution Service in each of the hearings before the House of Lords for the extradition of General Pinochet. [HL527]
§ The Lord ChancellorBecause of the unusual legal complexity and gravity of the case, one Leading Counsel, Mr. Alun Jones QC, and one Junior Counsel, Mr. James Lewis, were instructed to 19 October 1998. They have since acted throughout. Mr. Jones QC was not present for the judgment of the House of Lords on 25 November 1998. Three further Junior Counsel, Professor Christopher Greenwood, an expert in international criminal law, Mr. David Elvin, an expert in constitutional law, and Miss Campaspe Lloyd-Jacob, an extradition research assistant, have been instructed for various hearings before the House of Lords when their special expertise was required. The total number of Junior Counsel appearing at any one time has, however, never exceeded three.