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This edition contains case law, including a number of important Supreme Court decisions and decisions of the European Court of Justice and the European Court of Human Rights, as well as a number of amendments to the Extradition Act 2003. The third edition has been extensively revised to provide in-depth and practical coverage of these changes and gives the practitioner detailed guidance on the new provisions. Written by an expert author team, the book also includes analysis of developments at an international level.
Clive Nicholls QC, Barrister, 3 Raymond Buildings,Clare Montgomery QC, Barrister, Matrix Chambers,Julian B. Knowles QC, Barrister, Matrix Chambers,Anand Doobay, Consultant, Peters & Peters,Mark Summers, Barrister, Matrix Chambers
Clive Nicholls QC is Head of Chambers at 3 Raymond Buildings and specializes in extradition, human rights, mutual assistance, money laundering, and confiscation of assets cases. He has appeared in many of the leading extradition cases in England, including over 15 in the Supreme Court and Privy Council.
Clare Montgomery QC is a barrister at Matrix Chambers and a Deputy High Court Judge. She is the co-editor (with Professor David Ormerod and Tony Shaw QC) of Montgomery and Ormerod on Fraud: Criminal Law and Procedure published by OUP. She has been involved in many of the leading criminal fraud prosecutions: Guinness, Brent Walker, Maxwell and Wickes. She has also been involved in transnational crime cases in the Supreme Court.
Julian B. Knowles QC is a barrister at Matrix Chambers, where he specializes in crime, extradition, public law, and human rights. He is the author of the Blackstone's Guide to the Extradition Act 2003, and co-author of the Blackstone's Guide to the Coroners and Justice Act 2009.
Table of Contents
PART I: EXTRADITION
1. Introduction and Overview
2. Liability to Extradition; Extradition Offences
3. Categorization of Territories; Territorial Scope of the Extradition Act 2003
4. Initial Stages of the Extradition Process
5. The Extradition Hearing in Category 1 Cases
6. The Extradition Hearing in Category 2 Cases
7. Extradition and Human Rights
8. The Role of the Secretary of State; Deferral of Extradition
10. Time for Extradition
11. Consent to Extradition; Withdrawals of Claims for Extradition
12. Return to the United Kingdom
13. Police Powers in Extradition Cases
14. Post-surrender Matters
15. The European Arrest Warrant
16. Extradition to International Criminal Tribunals
PART II: MUTUAL ASSISTANCE
17. Introduction to International Cooperation in Criminal Matters
18. UK Requests to Foreign States for Assistance
19. Requests by Foreign States to the UK for Assistance in Providing Evidence
20. Cross-border Surveillance
21. International Information Systems and Mutual Legal Assistance Institutions
22. Mutual Assistance in the Service of Process
23. Mutual Recognition of Driving Disqualifications within the European Union
24. Transfer of Prisoners to and from the UK for the Purpose of Giving Evidence and Assisting Investigations
25. Mutual Legal Assistance in Relation to Confiscation and Forfeiture
Appendix E1: The Extradition Act 1870
Appendix E2: Extradition Act 1989
Appendix E3: Extradition Act 2003
Appendix E4: European Arrest Warrant (EAW) Framework Decision
Appendix E5: Category 1 &2 territories; Territories designated for the purposes of the EA 2003
Appendix E6: European Convention
Mutual Assistance Appendices
Appendix M1: Crime (International Co-operation) Act 2003
Appendix M2: Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
Appendix M3: Mutual Legal Assistance Guidelines for the United Kingdom (4th edn, Home Office, November 2006)