Clause 29 - Court's powers on appeal under section 28

Part of Extradition Bill – in a Public Bill Committee at 10:15 am on 14 January 2003.

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Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 10:15, 14 January 2003

I beg to move amendment No. 115, in

clause 29, page 12, line 6, at end insert—

'(c) and the circumstances of the case are exceptional.'.

I can be brief. We felt that it would be helpful to add an exceptional circumstances provision. At the moment, subsection (3) simply says:

''The conditions are that—

(a) the judge ought to have decided the relevant question differently;

(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person's discharge.''

The amendment would add:

''(c) and the circumstances of the case are exceptional.''

The amendment goes in a slightly different direction from some of our other amendments, and in some ways it could be seen as a toughening-up measure. We are simply probing at this stage, and it will be interesting to hear the Minister's comments. Once again we are not saying that our wording is absolutely perfect; we are just interested to test whether the Minister feels that it would be helpful to add the phrase.