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 Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change) 4:00 pm, 9th January 2003

The Bill draws a parallel with summary proceedings. In summary proceedings the person who is accused of an offence is asked: ''Are you Alexander Morrison Carmichael?'' That is the name that appears on the complaint along with the address

and date of birth. The answer to that is yes, in my case. The rules of procedure under summary proceedings are held to be satisfied as proof beyond reasonable doubt. The fact that the person in the dock is the person who is named on the complaint in summary proceedings has to be proved beyond reasonable doubt. That is part of the charge. In that case, if there is a challenge to that and I say, ''No, I am not Alexander Carmichael, I am Jim Wallace'', it is for the prosecution to bring forward evidence, such as fingerprint or identification evidence. That may be very unusual, but it is by no means unknown, and under the Liberal Democrat amendment, the burden would be on the prosecution to present evidence.