Extradition Bill — 27 Oct 2003 at 17:23
[Amendments Nos. 71 and 72 not moved.]
Clause 21 [Human rights]:
[Amendment No. 73 not moved.]
moved Amendment No. 74:
After Clause 21, insert the following new clause-
"MINIMUM PROCEDURAL RIGHTS
(1) In reaching a decision under section 21(1) the judge shall have particular regard to the person's Convention rights under Article 6.3 of the European Convention on Human Rights.
(2) For the purposes of subsection (1), the judge may accept a written assurance from an appropriate authority in the category 1 territory in which the warrant was issued that the person's Convention rights under Article 6.3 will be observed.
(3) Where a written assurance has been given under subsection (2), the Secretary of State shall make arrangements to monitor the subsequent conduct of the proceedings against the person in the territory to which he has been extradited.
(4) If the Secretary of State believes as a result of monitoring under subsection (3) that a person's Convention rights under Article 6.3 have not been observed, he may draw that conclusion to the attention of a judge acting under section 21 in relation to any proceedings for the extradition of any other person to the same category 1 territory."
On Question, Whether the said amendment (No. 74) shall be agreed to?
Their Lordships divided: Contents, 125; Not-Contents, 122.
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