Clause 11 - Bars to extradition

Part of Extradition Bill – in a Public Bill Committee am 4:45 pm ar 9 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr John Burnett Mr John Burnett Democratiaid Rhyddfrydol, Torridge and West Devon 4:45, 9 Ionawr 2003

As my hon. Friend said, we were somewhat wrong footed. We were relying on the hon. Member for Surrey Heath.

The new clause has been suggested by Justice and is extremely important. The abolition of the dual criminality requirement in relation to the 32 serious offences contained in article 2.2 of the European arrest warrant means that a request for extradition under the European arrest warrant need not be based on an offence known to UK law. Thus, if a request were made on the basis of an offence in another member state, which is not an offence in the UK, a defendant would lose the protection of the rule against double jeopardy using the proposed text in the Bill. I presume that that is not the Government's intention. The European arrest warrant clearly states that a final judgment on the same acts shall be a mandatory bar to surrender. Implementing legislation should reflect that broader notion of double jeopardy in order effectively to protect the rights of individuals. I look forward to hearing the Minister's comments.