Moved by
Lord Hodgson of Astley Abbotts
82: After Clause 138, insert the following new Clause—
“Person unlawfully at large: human rights and proportionality
(1) For section 21 of the Extradition Act 2003 there is substituted—
“21 Person unlawfully at large: human rights proportionality
(1) If the judge is required to proceed under this section (by virtue of section 20), the judge must decide both of the following questions in respect of the extradition of the person (“D”)—
(a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998; and
(b) whether the extradition would be disproportionate.
(2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality.
(3) These are the specified matters relating to proportionality—
(a) the seriousness of the conduct for which the requested person was convicted of the extradition offence;
(b) whether the sentence which the person received in respect of the extradition offence was initially suspended;
(c) the conduct of the requested person;
(d) the passage of time since the person became unlawfully at large; and
(e) any other matter which the judge considers to be relevant.
(4) The judge must order D’s discharge if the judge makes one or both of these decisions—
(a) that the extradition would not be compatible with the Convention rights;
(b) that the extradition would be disproportionate.
(5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions—
(a) that the extradition would be compatible with the Convention Rights;
(b) that the extradition would not be disproportionate.
(6) If the judge makes an order under subsection (5), he must remand the person in custody or on bail to wait for extradition to the category 1 territory.
(7) If the person is remanded in custody, the appropriate judge may later grant bail.”
(2) In deciding any question whether section 21 of the Extradition Act 2003 is compatible with European Union law, regard must be had, in particular, to Article 1(3) of the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (which provides that that decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union).”