Clause 7 - Identity of person arrested

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

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Photo of Bob Ainsworth Bob Ainsworth The Parliamentary Under-Secretary of State for the Home Department 4:00 pm, 9th January 2003

I keep saying that there is not a prosecution at this stage. A foreign jurisdiction—another European Union country—has issued an arrest warrant. That has probably been placed on the Schengen information system. Let us say that in most of the cases the police are aware of the person's whereabouts. They know that they seek the hon. Member for Orkney and Shetland and that they can catch him here during the reasonable modernised hours of the House of Commons. They come along to arrest him and take to the Bow street magistrates court.

It is for the judge to be satisfied that the hon. Gentleman is the hon. Gentleman. If he is not, he should release him. Who does he expect to prove it and what level of proof does he expect the judge will need to satisfy himself if the hon. Gentleman flatly refuses to identify himself and to say nothing at all? Who does he expect will prove that person's identity? There is no prosecution. There is a warrant. The British police force have carried out their duty in the normal way as they would by arresting the person they thought was the appropriate person and bringing him in front of the courts.