Office of the Parliamentary Counsel 36 Whitehall London SW1A 2AY
Telephone Direct line of 2106639
Legal Adviser's Branch
Mrs J Jones
Home Office
50 Queen Anne's Gate
LONDON SW1H
9AT
Switchboard of 210 3000
HULD 370/2
них
23
13 April 1988
CRIMINAL JUSTICE BILL REPATRIATION CASES
EXTRADITION
-
EXTRADITION PROCEDURES
I am writing to you since David Bentley is away on leave this
week. I enclose a few amendments that we believe are required.
I am sending copies of them and of this letter to Kowalski,
Erskine and MacLeod.
The difficulty starts in Clause 18.
Extradition is not available
as between the United Kingdom and every country in the world.
For commonwealth countries it is available only when they are
designated.
For United Kingdom dependencies it is always
available. Clause 18 (1) (a) (ii) spells these two cases out. But
nothing parallel is said about countries outside the
commonwealth. This was due to misguided reliance on subsection
(4) (a) and (c). If you read these two paragraphs together, they
cover the whole world except the commonwealth. Paragraph (a) is
not so bad. It does at least refer expressly to foreign states
in the case of which the 1870 Act applies. But paragraph (c)
does not refer to Part I of the Bill. It is simply far too wide.