Policing and Crime Bill

We have given notice that we oppose the question that Clause 75 stand part of the Bill. In so doing, we are supported by Liberty. Currently, a person may be arrested under the Extradition Act 2003 if a constable, a Customs officer or a service policeman has reasonable grounds to believe that an arrest warrant for that person's extradition has been or will be issued. Once a person has been arrested under this power, he or she must be brought before a judge within 48 hours and documents setting out the legality of the arrest must be provided to the judge; that is to say the extradition request and the documents which have to accompany it. Clause 75 permits the requesting state to apply to a judge to extend the period of 48 hours within which it must produce the documents. Our view is that, if a request is made for the extradition of someone from this country, everything should be in order before the person concerned is arrested. According to Clause 75, a judge can grant the extension if he or she decides that the documents could not reasonably be produced within the initial 48 hours. In calculating the period of 48 hours, no account is to be taken of weekends or public holidays. The requesting country now has 48 hours, plus 48 hours, plus a weekend or a public holiday. That means that someone could be arrested and held for a very long period without knowing why. The government amendment would allow for a person to be detained without charge for upwards of six days. It is a clear interference with the right to liberty and it must be demonstrated to be necessary and proportionate. The Government have not given us a reason why it is necessary to give a requesting country more time to produce the documents. It may just be a matter of administrative convenience but some of us will know that a High Court judge is available at any time of day or night in extremis. There is no need for people to be held in custody just for the purposes of administrative convenience. That is why we oppose Clause 75 and I look forward to hearing the reply of the noble Baroness.