§ Mrs. Curtis-ThomasTo ask the Secretary of State for the Home Department whether district judges are monitored to ensure that they ascertain whether individuals who consent to extradition have had access to legal advice. [165890]
§ Caroline FlintSection 45(5) and section 127(6) of the Extradition Act 2003 require that a person may not give his consent to extradition before the appropriate judge unless he is legally represented at the time he gives consent. If he is not legally represented then he must have been advised of the right to apply for legal aid and has either refused to do so, had his legal aid application refused or legal aid has been withdrawn.
§ Mrs. Curtis-ThomasTo ask the Secretary of State for the Home Department whether the(a) 1989 and (b) 1965 Extradition Acts have been repealed. [165888]
§ Caroline FlintExcept for requests that were received on or before 31 December 2003, the Extradition Act 1989 was repealed by the Extradition Act 2003, which came into force on 1 January 2004.
Prior to the coming into force of the new extradition legislation, the UK's extradition relations with the Republic of Ireland were governed by the Backing of Warrants (Republic of Ireland) Act 1965 which has also been repealed by the Extradition Act 2003. The Republic of Ireland has been designated as a Category 1 territory and, as such, is a partner in the European Arrest Warrant. As with the 1989 Act, any cases received from the Republic of Ireland on or before 31 December 2003 will be considered under the Backing of Warrants Act 1965.
§ Mrs. Curtis-ThomasTo ask the Secretary of State for the Home Department whether countries which allow the death penalty as a form of punishment are prohibited from designation for the purposes of part 1 of the Extradition Bill. [165889]
§ Caroline FlintSection 1(3) of the Extradition Act 2003 states that a territory may not be designated for the purposes of part 1 of the Extradition Act 2003 if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.