Clause 7 - Identity of person arrested

Part of Extradition Bill – in a Public Bill Committee at 4:15 pm on 9th January 2003.

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Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 4:15 pm, 9th January 2003

I wonder how we can resolve the confusion. Justice and the Liberal Democrats wish to insert the word ''prosecution'', but we are surely talking about the British state bringing the person before the court at the request of the requesting nation. I do not blame the Liberal Democrats, because they adopted the wording proposed by Justice, but perhaps it would have been better to have separate clauses, one saying that the burden was on the state and the other saying that the standard of proof should be the normal one that we are used to expressing in criminal proceedings, that is: ''satisfied so the judge is sure''. Separate clauses without the word ''prosecution'' might have been clearer and would have achieved, with the support of the Conservatives, what Justice and the Liberal Democrats suggest.

I do not want the Minister to get too hung up on the fact that there is not technically a prosecution. We are talking about the burden being on the UK Government in executing a European arrest warrant and bringing someone before the courts at the request of a requesting state.