Extradition (Provisional Arrest) Bill [HL]

Debate between Lord Hogan-Howe and Baroness Hamwee

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 4th February 2020 Lords Chamber

[Baroness Hamwee]

I do not doubt what the noble Lord is saying, but my question was about how we can be assured about transparency in holding to account those issues. We may know that things are hunky-dory now, but I am sure that the noble Lord would accept that that is not quite the same has having the procedures available to test them.

[Lord Hogan-Howe]

I agree. We should be reassured in two senses. The NCA is one arbiter. It has been putting things on the police national computer for many years. Individuals can pursue their civil rights if they think or find they have been wronged. If an arrest is made, these cases will of course be heard in a court, where suspects are legally represented and able to make the case that this is an improper allocation of a notice. It is a fair challenge, but there are systems in place that would provide a remedy within a fairly short period of time.

We all understand why it is difficult to calculate how often the power of arrest for category 2 countries will be used. However, we know that in 2018 there were 1,394 arrests in England and Wales for category 1 offences. Interestingly, only 28% of those cases would pass the seriousness test if they were moved to category 2. Fewer people would be affected by the powers of arrest and extradition if any European countries were to come within category 2.

Some may argue—and have argued—that, in negotiating with other countries, we put ourselves at a disadvantage by unilaterally helping another country to extradite criminals it takes to its country. However, for serious offences, the UK has the benefit of excluding a suspect from the UK until their criminal justice process is completed; we get a definite benefit from that.

It is also true that the constitutions of some countries require another country to have constitutional arrangements in place to enable extradition before they can reciprocate. In that sense, this is an enabling provision; it allows a country to respond to the fact that the UK would have this in place.

I have a quick suggestion for improving the extradition process—which, in my view, has long been unhelpful. All those arrested, with or without warrant, have to be transported to one court in Westminster. These are long journeys for the suspect, their families and everybody else involved in the case—the police, witnesses et cetera. It takes time and money, and with weekends, and this potentially extends to a four or five-day period. Surely it should be possible to have regional courts in our big cities, which could hear these cases. I think it has been suggested in the past that, due to its specialised nature, the London Bar is the best place to respond to these cases. However, surely there should be a system designed for the suspects and, in this instance perhaps, not for the Bar.

I agree with the noble and learned Lord, Lord Judge, that we do not want to see countries added to the list if they have systems that we do not respect. I also agree with the noble Lord, Lord Robathan, that there are already at least two countries in the European Union which we might challenge as to whether they would pass that test. In one country—we do not need to name it—political interference, or attempted interference, has been apparent in the selection of judges, yet there is a very low bar for getting an extradition warrant. In another country, both politicians and police are corrupt. Noble Lords may ask why we have extradition treaties with these countries, but we do—we still allow for extradition to these countries. That seems quite a challenge in the European Union, let alone somewhere else; we have to be careful and ensure that we are on a level playing field with everyone.

I support the Bill, which will create a level playing field and, in part, provide a flexible opportunity to retain an effective process as we leave the European Union—although I acknowledge that the Government have said that that is not their intention.