Part of Extradition Bill – in a Public Bill Committee at 2:30 pm on 21 January 2003.
Opposition Members will recall that we discussed this matter last week under part 4 of the Bill. I am not sure whether the hon. Lady was present for the discussion, as I know that she has had other Committee duties to juggle during the passage of the Bill.
In the past, it was thought that the police could carry out their functions in the extradition system under the Police and Criminal Evidence Act 1984, or by using their common law powers. However, the Rottman case cast doubt on that. In that case it was initially held that the search and seizure powers in PACE applied only to domestic offences and that, since the advent of PACE, the police could no longer rely on their common law powers in that area. Part 4 of the Bill was drafted to ensure that the police have powers in extradition cases that are modelled on those in PACE. It will therefore be clear to everyone concerned that they can use powers in extradition cases that are as near to the PACE powers as is appropriate.
The PACE code of practice C allows for reasonable force to be used if necessary to secure compliance with a reasonable instruction and to prevent escape, injury, damage to property or the destruction of evidence. The Bill incorporates the same ability to use reasonable force as is contained in the PACE codes. ''Reasonable force'' is a well known and understood phrase.
We will be issuing a code of practice and we will consult the police on that, as we consult them on the need to update the PACE codes from time to time. When we draft that code, the ramifications of the mirror powers in the Extradition Bill will also need to be consulted on, if any changes are necessary. The police will be an important part of the decision as to whether such updates or changes are required.