L

Lord Wolfson of Tredegar (Con)

Speaking in the House of Lords on 18 March 2026

Debate

Crime and Policing Bill

Contribution

I appreciate the time, but we are dealing with cases in which we may be extraditing our citizens in circumstances where they may not have a fair trial abroad. I read the letter from the Minister’s department, although as I understand it, the meeting was on 4 March and the letter only came out today, so that is unfortunate. With respect, I am not sure that the Minister has answered the central point put by the amendment tabled by the noble Lord, Lord Carter. I ask the Minister to look at the relevant subsection in Clause 212, which sets out the full circumstances in which our courts will extradite somebody. Under new paragraph (a), we will extradite them if the person would be entitled to a retrial abroad. That was the issue in the Supreme Court case in which the leading judgment was given by the noble and learned Lord, Lord Burnett of Maldon. The issue was whether “would be entitled” means “is entitled to ask for a retrial” or “is entitled to a retrial”. The Supreme Court held it to mean “entitled to a retrial”. However, new paragraph (b) says—

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