Clause 7 - Identity of person arrested

Part of Extradition Bill – in a Public Bill Committee at 4:00 pm on 9th January 2003.

Alert me about debates like this

Photo of Mr John Burnett Mr John Burnett Liberal Democrat, Torridge and West Devon 4:00 pm, 9th January 2003

I beg to move amendment No. 132, in

clause 7, page 3, line 39, at end insert:

'(2A) For the purposes of subsection (2) above, the burden of proving the person's identity so that the judge is sure is on the prosecution.'.

Our amendment seeks clarification. We are dealing with individuals who will be in an alien environment in this country and who will often be confused and unfamiliar with the language.

Certainty about the identity of the arrested person is crucial. The amendment seeks to ensure, beyond all doubt, that the burden of proving a person's identity is on the prosecution. As currently drafted, clause 7 contains no specification of the evidential standard required, or of where the burden of proof lies in determining the identity of the accused. In the interests of the Bill and of justice, it is important to clarify the position. I look forward to hearing with whom the Minister believes the crucial burden of proof to lie, and why.