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 Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change) 4:15 pm, 9th January 2003

I seek clarification on a couple of points relating to remaining provisions in clause 7. First, with regard to subsection (6)(b), why is there no requirement for corroboration, which is fundamental to a summary prosecution under Scots law? I see no reason why the requirement for corroboration should be removed for these the proceedings.

Secondly, subsections (8) and (9) are rather inelegantly drafted. Surely it would be preferable to give the judge discretion on the question of bail in the first instance. The Committee will see that if the judge exercises his power to adjourn proceedings, he must remand the person in custody or on bail—[Interruption.] I am sorry; I had misread that. I withdraw that remark.

However, it would be useful if there were greater clarification of the circumstances in which bail might be considered under subsection (9).