Clause 7 - Identity of person arrested

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

Alert me about debates like this

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

It is all very well for the Minister to say that there is no prosecution, but the Minister will have regard to subsections (5) and (6) in which it is indicated that the power of the judge is akin to those in a magistrates court if proceedings were a summary trial, or, in Scotland, if they were summary proceedings. It might not be a prosecution, but clearly it is not a kick in the pants away from it. From the practical point of view, the first question that the judge or the sheriff will ask the person who is brought before them is ''Are you so and so?'' Thereafter, if there is any dispute about that point, it is for the prosecution to adduce evidence that that is the person who has been brought before the court. That is the procedure as I understand it in summary proceedings and those rules of the procedure would apply under the Bill.