Member

I also want to be clear—the noble Lord mentioned this important point—that the measure does not deem that an individual has been present at their trial simply because a lawyer was appointed for them. The term “legally represented” retains its ordinary meaning, requiring a mandate or instructions to be given, so a court-appointed lawyer acting without the person’s knowledge will continue to mean that they have not been “legally represented” in terms of extradition law. To be clear, this means that in situations in which the requested person has had a lawyer appointed by the foreign court but has not given that lawyer a mandate, the individual will not be considered to have been present at their trial in consequence of this amendment.