Clause 2 - Part 1 warrant and certificate

Part of Extradition Bill – in a Public Bill Committee at 10:15 am on 9th January 2003.

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Photo of John Maples John Maples Conservative, Stratford-on-Avon 10:15 am, 9th January 2003

A British court dealing with an application for the extradition of someone under part 1 would read the Bill, not the framework document. If the Government took the trouble to get ''judicial'' inserted into the framework document, why cannot they simply put it in the Bill? Subsection (5) is ambiguous. It says that the authority

''has the function of issuing arrest warrants in the category 1 territory''.

A police officer may well be one of the people or organisations that have a function of issuing arrest warrants in another territory. If the arrest warrant is to be acted on under this legislation, it should be issued by a judicial authority. The question of the presumption of innocence is different, but the insertion of ''judicial'' in these two places could solve the problem. I am not sure why the Minister resists it.