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

My advice is that identity is practically never an issue in extradition cases. Whenever an extradition request is made at present, the person is brought before the Bow street magistrates court, which must, among other things, decide whether it is the right person. The Bill's requirement for the judge to decide on the right person is absolute. There is no prosecution, only the issuing state and the police who effected the arrest. It would be for the police to show who the person is and for the judge to satisfy himself that it is the correct person, and if he is not satisfied to discharge the individual. The situation is very clear.