Moved by
Lord Hodgson of Astley Abbotts
94: After Clause 142, insert the following new Clause—
“Request of further information where suspicion of mistaken identity
In section 7 of the Extradition Act 2003 (identity of person arrested), after subsection (4) there is inserted—
“(4A) If the judge decides that question in the affirmative, he must decide whether the person in respect of whom the warrant was issued is the person who is alleged to have committed, or to have been convicted for, the offence on which the warrant is based.
(4B) The judge must decide the question in subsection (4A) on the balance of probabilities, but if he considers there is reasonable doubt as to that question, he may not decide it in the affirmative unless he has first requested the issuing authority to provide further information within the time specified in the request (which must not be less than a reasonable time in all the circumstances) and the issuing authority has provided him with the information requested within that time.
(4C) If the judge decides the question in subsection (4A) in the negative, he must order the person’s discharge.””