Clause 11 - Bars to extradition

Part of Extradition Bill – in a Public Bill Committee at 4:45 pm on 9 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) 4:45, 9 January 2003

My hon. Friend the Member for Torridge and West Devon and I had rather got ahead of ourselves and were divvying up responsibility for subsequent clauses. We had assumed, as normally would be the case, that the hon. Member for Surrey Heath would be talking for some time to come. We were caught napping by his brevity, and I apologise to the Committee for that.

New clause 2 is fairly straightforward. It speaks for itself. On paragraph (a), it would be nonsensical to extradite someone where the locus of the offence was part of the United Kingdom, in whatever circumstances that might arise. The obvious example would be within the territorial waters of the UK. On paragraph (b), there is an element of double actionability or dual criminality. If the offence has been committed outside the category 1 territory, it would be extraditable only if we were competent to prosecute in this country an offence that was committed furth of our jurisdiction, which places it in a very rare category of offences. I do not know whether my hon. Friend the Member for Torridge and West Devon has any further illumination for the Committee.