Extradition Bill — 22 Oct 2003 at 17:47
Resolved in the negative, and amendment disagreed to accordingly.
moved Amendment No. 7:
After Clause 1, insert the following new clause-
"PART 1 WARRANT: AUTHORITY TO PROCEED
(1) When the designated authority receives a Part 1 warrant it shall make an application to the High Court or, in Scotland, to the Court of Session, for authority to proceed with the warrant under this section.
(2) The court must make an order giving authority to proceed with the warrant under this Part if it is satisfied that the person in respect of whom the warrant is issued faces charges, or has been convicted of, an offence in a category 1 territory which involves conduct which, if it occurred in or outside the United Kingdom, would constitute an offence under the law of the United Kingdom.
(3) In any other case, the court may make an order giving authority to proceed with the warrant under this Part of this Act if, having regard to all the circumstances, it is satisfied that it is in the interests of justice to do so.
(4) A decision of the High Court in an application, or the Court of Session in an application, to make an order giving authority to proceed under this section shall be final and shall not be subject to appeal.
(5) A person shall not be dealt with under this Part of this Act except in pursuance of an order made under subsection (2) or (3).
(6) The Lord Chancellor shall make an annual report to both Houses of Parliament on the cases in which the High Court has exercised its discretion under subsection (3) to make an order giving authority to proceed.
(7) The following provisions of this Part are subject to the provisions of this section."
On Question, Whether the said amendment (No. 7) shall be agreed to?
Their Lordships divided: Contents, 99; Not-Contents, 160.
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