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RECOMMENDED MODIFICATIONS TO OTHER CRIMINAL LEGISLATION ARE
CONTAINED IN A WHITE PAPER OUTLINING THE CRIMINAL JUSTICE
BILL 1986/87, WHICH WAS PUBLISHED ON 6 MARCH. THE PROPOSALS
DO NOT (REPEAT NOT) AFFECT OUR LAW ON EXTRADITION AS IT APPLIES
TO COMMONWEALTH COUNTRIES (SEE PARAGRAPH 7 BELOW).
3.
THE PRINCIPAL CHANGES PROPOSED ARE:
(I)
THE ABOLITION OF THE REQUIREMENT THAT A PRIMA FACIE
CASE MUST BE ESTABLISHED AGAINST THE FUGITIVE ACCORDING TO
ENGLISH RULES OF EVIDENCE:
(II) THE RETENTION OF THE POLITICAL AND OTHER SAFEGUARDS
AFFORDED TO THE FUGITIVE UNDER OUR PRESENT. LAW AND THE
CONTINUANCE OF THE HOME SECRETARY'S OVERRIDING DISCRETION
TO WITHHOLD EXTRADITION:
(III) THE REPLACEMENT OF THE LIST OF EXTRADITABLE OFFENCES
BY A GENERAL DEFINITION WHICH WOULD COVER ALL OFFENCES
(INCLUDING FISCAL OFFENCES) CARRYING A PENALTY OF AT LEAST
12 MONTHS' IMPRISONMENT IN BOTH THE UK AND THE REQUESTING
STATE:
(IV) THE INCLUSION OF A PROVISION FOR EXTRADITION ON AN AD HOC BASIS TO À FOREIGN COUNTRY WITH WHICH THE UK DOES NOT
HAVE AN EXTRADITION TREATY :
(V) THE INCLUSION OF PROVISIONS FOR AN EXTRADITED OFFENDER
TO BE DEALT WITH FOR OTHER OFFENCES AND FOR RE-EXTRADITION
TO A THIRD COUNTRY, IF THE UNITED KINGDOM GOVERNMENT CONSENT:
(VI) THE INCLUSION IN THE LAW OF A SIMPLIFIED PROCEDURE FOR
A FUGITIVE WISHING TO RETURN VOLUNTARILY TO THE REQUESTING STATE:
(VII) THE ESTABLISHMENT OF A SEPARATE SCOTTISH JURISDICTION.
LINE TO TAKE
4.
THE ABOLITION OF THE PRIMA FACIE CASE REQUIREMENT WILL
CONSIDERABLY EASE THE DIFFICULTIES EXPERIENCED BY SOME OF OUR
TREATY PARTNERS IN SECURING THE EXTRADITION OF FUGITIVES FROM
THE UK. THESE AND THE OTHER PROPOSED REFORMS UNDERLINE THE
GOVERNMENT'S COMMITMENT TO THE FIGHT AGAINST INTERNATIONAL
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