Extradition Bill — 27 Oct 2003 at 16:24

[Amendment No. 67 not moved.]

Clause 19 [Earlier extradition to United Kingdom from non-category 1 territory]:

[Amendment No. 68 not moved.]

Clause 20 [Case where person has been convicted]:

moved Amendment No. 69:

Page 10, leave out lines 9 to 26 and insert "whether the person was convicted in his presence.

(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.

(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.

(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.

(7) If the judge decides that question in the negative he must order the person's discharge."

moved, as an amendment to Amendment No. 69, Amendment No. 70:

Line 15, at end insert-

"(8) For the purposes of subsection (5), the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not in particular include provision for-

(a) the suspect to be present at the retrial;

(b) the suspect to have like rights to hear and examine witnesses as he would have done at the original trial;

(c) the suspect to have the same right to publicly funded legal services as any suspect or defendant."

On Question, Whether Amendment No. 70, as an amendment to Amendment No. 69, shall be agreed to?

Their Lordships divided: Contents, 127; Not-Contents, 113.

Debate in Parliament | Historical Hansard | Source |