Extradition and Mutual Legal Assistance Handbook

by Jones, John R W D; Davidson, Rosemary

• ISBN13: 9780199574049
• ISBN10: 0199574049
• Edition: 2nd
• Format: Hardcover
• Copyright: 2011-02-04
• Publisher: Oxford University Press

Summary

TheExtradition and Mutual Legal Assistance Handbookis the new edition of the previously entitledExtradition Law Handbook. It is a comprehensive guide to extradition under the Extradition Act 2003 and to mutual legal assistance. In addition to providing comprehensive guidance to the statute law, it contains summaries of the leading cases and appendices containing the main statutory and international instruments. Extradition is a rapidly-evolving area of law and consequently extradition legislation and cases can be very difficult to locate. As the only dedicated sourcebook available, thisHandbookbrings together legislation and relevant case law covering the European Council Framework decision on the European arrest warrant and the surrender procedures between Member States: European Convention on Extradition; Commonwealth and treaty countries; and UN Conventions. It also includes sections on human rights implications and war crimes tribunals. This new edition has been expanded to provide full coverage of mutual legal assistance, reflecting the growing importance of this area of law, and the overlap between these powers and extradition. It provides guidance on the relevant statutes and international agreements relating to mutual legal assistance, as well as to the relevant case-law. The experienced practitioner author team have created a valuable reference tool, offering comprehensive and practical commentary, along with the key source materials and a reliable and rigorous selection of relevant cases required for extradition practice.

Author Biography

John Jones is a barrister at Doughty Street Chambers specializing in extradition, war crimes, and counter-terrorism. He has appeared in many reported extradition cases and is consistently recommended by the directories in the field of extradition. He also publishes the Extradition Law Reports. He has appeared as counsel before a number of international courts and tribunals, including the International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra Leone and the European Court of Justice. He is also admitted to practice law in the District of Columbia, USA and the Kingdom of Cambodia.

Rosemary Davidson is a barrister at 6 King's Bench Walk. She is an extradition specialist, with extensive experience of advising and representing clients at all stages of contested extradition proceedings. Her appellate experience includes a number of reported extradition cases and she recently published an article on the principle of triviality in European Arrest Warrant cases. Rosemary is appointed to the Attorney General's civil panel and as well as the Attorney General's unified list of prosecutors. Her wider practice includes criminal law, public law and immigration. She also has international experience, having spent four months as an intern at the United Nations International Criminal Tribunal for Rwanda.

Table of Contents

PART I: EXTRADITION
1. Introduction, Brian Gibbins
Definition
Origins
Types of Extradition Arrangement
Terminology
The Key Players
The Role of the Crown Prosecution Service
2. Overview, Brian Gibbins
Export extradition - Procedure for Dealing with Category 1 Requests (European Arrest Warrants)
Export Extradition - Procedure for Dealing with Category 2 Requests (from non-EU countries)
Import Extradition - Requests to EU Member States
Import Extradition - Requests to Non-EU States
3. Mutual Trust and Abuse of Process, John Jones
Introduction
Mutual Trust
Abuse of Process
4. Extradition Offences, Rosemary Davidson
Introduction
Category 1 Territories (EAW)
Category 2 Territories
The Meaning of 'Conduct' in the 2003 Act
5. The Extradition Hearing, Rosemary Davidson
Introduction
The Initial Hearing/First Appearance
The Extradition Hearing
6. Bars to Extradition, Rosemary Davidson
Introduction
The Bars to Extradition
Mental or Physical Condition
7. Convictions in Absence, John Jones
Introduction
Category 1 Territories
Category 2 Territories
Principles
8. The Decision of the Secretary of State, Rosemary Davidson
Introduction
Certification
Order for Extradition
Post-appeal Consideration of Human Rights
9. Habeas Corpus, Judicial Review, and Appeals, Rosemary Davidson
Introduction
Appeals under Part 1 of the 2003 Act (Category 1 Territories: European Arrest Warrant)
Appeals under Part 2 of the 2003 Act (Category 2 Territories)
Habeas Corpus and Judicial Review
10. Extradition and Human Rights, John Jones
Introduction
Historical Development
Human Rights under the 2003 Act
Specific Human Rights
11. The Relationship between Extradition Law and Asylum Law, John Jones
Introduction
The Bases upon which Asylum can be Granted
The Differences between Asylum and Indefinite Leave to Remain
The Appeal Procedures available in Immigration Cases
Those Instances in which Leave to Remain can be Revoked and the Procedure for so Doing
The Effect of Asylum on Extradition
The Relevance of Immigration and Asylum Law in Case Preparation
PART II: MULTI-LATERAL AND REGIONAL DIMENSIONS
12. Transfer to International Criminal Courts and Tribunals, John Jones
Introduction
The International Criminal Courts and Tribunals
Transfer of Persons to the Jurisdiction of the International Courts and Tribunals
13. Extradition Law and Practice in other Jurisdictions, Arvinder Sambei
Introduction
Extradition Procedure in the Caribbean
Extradition Procedure in India
Extradition Procedure in South Africa
Extradition Procedure in the United States of America
14. The Political Offence Exception, Arvinder Sambei
Introduction
What does Political Offence Exception Mean?
Concluding Remarks
PART III: MUTUAL LEGAL ASSISTANCE
15. Mutual Legal Assistance and other European Council Framework Decisions, Victoria Ailes
Introduction
Obtaining Assistance from Overseas
Requests for Evidence to be Provided by the United Kingdom
Other Forms of Assistance
Grounds for Refusal
Current Developments
APPENDICES
Appendix A: A Guide for Duty Solicitors, Fadi Daoud
Appendix B: Extradition Arrangements by Country, John Jones
Appendix C: Subject-Matter Guide to Case-Law, John Jones
Appendix D: The Extradition Act 2003 (as amended)
Appendix E: The Multiple Offences Order (SI No 2003/3150)
Appendix F: The Framework Decision on Extradition
Appendix G: The European Convention on Extradition
Appendix H: The Commonwealth Scheme for the Rendition of Fugitive Offenders
Appendix I: The US/UK Extradition Treaty
Appendix J: The Crime (International Co-operation) Act 2003 (as amended)
Appendix K: POCA (External Requests and Orders) Order 2005 (SI 2005/3181, as amended)
Appendix L: The Council of Europe Convention on Mutual Assistance in Criminal Matters
Appendix M: The Harare Scheme relating to Mutual Assistance in Criminal Matters 2000
Appendix N: The Council of Europe Convention on Mutual Assistance in Criminal Matters 1959