The Law of Extradition and Mutual Assistance

by Nicholls, Clive; Montgomery, Clare; Knowles, Julian B.

• ISBN13: 9780199298990
• ISBN10: 0199298998
• Format: Hardcover
• Copyright: 2007-10-11
• Publisher: Oxford University Press

Summary

The Law of Extradition and Mutual Assistance provides a comprehensive and authoritative treatment of the laws covering the extradition arrangements between the UK and other states, as well as international mutual assistance. Since the first edition was published by Cameron May in 2002, the Extradition Act 1989 and the Criminal Justice (International Co-operation) Act 1990 have been repealed and replaced by the Extradition Act 2003 and the Crime (International Co-operation) Act 2003, respectively, and international confiscation is now dealt with under the Proceeds of Crime Act 2002. This second edition has therefore been scrupulously updated and rewritten to take into account all of the legislative changes, and offers a detailed treatment and practical guidance to the new legislation. This new edition has also been expanded to provide comparative coverage on extradition law and practice in other jurisdictions, including the US, Canada, and Australia, and includes a chapter on how the European Arrest Warrant is dealt with in other EU countries. The authors provide an expert commentary and critique of the new legislation and case law, and the book contains all relevant legislation.

Author Biography

Clive Nicholls QC (called 1957, Silk 1982) is Head of Chambers at 3 Raymond Buildings and specialises 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 House of Lords and Privy Council.
Clare Montgomery QC (called Matrix Chambers, Barrister and Deputy High Court Judge).She is one of the practitioner editors of Archbold Criminal Pleading Evidence and Practice, responsible for the chapter on insolvency, the financial markets and commerce. 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 House of Lords.
Julian B. Knowles (called 1994) is a barrister at Matrix Chambers. He is regarded as one of the UK's leading extradition juniors and a substantial proportion of his practice involves advising individuals and governments on international criminal law issues. He acted for General Pinochet in the extradition proceedings brought by Spain between 1998 and 2000 and has appeared in a number of other high profile extradition cases. He wrote Blackstones Guide to the Extradition Act 2003 (OUP, 2004) and is also a contributing author to both Blackstone's Guide to the Serious Organised Crime and Police Act 2005 (OUP, 2005) and Asset Recovery (second edition in looseleaf, OUP, due January 2007).

Table of Contents

Extradition

Introduction and overview

Liability to extradition

Extradition offences3

Categorisation of territories

Territorial scope of the Extradition Act 2003

Initial stages of the extradition process

The extradition hearing in Category 1 cases

The extradition hearing in Category 2 cases

Extradition and human rights

The role of the Secretary of State

Deferral of extradition

Appeals10

Time for extradition

Consent to extradition

Withdrawals of claims for extradition

Return to the United Kingdom

Police powers in extradition cases

Post-surrender matters

The European Arrest Warrant

Extradition to International Criminal Tribunals

Mutual Assistance

Introduction to international co-operation in criminal matters

UK requests to foreign states for assistance

Requests by foreign states to the UK for assistance in providing evidence

Cross-border surveillance21

International informations systems and mutual legal assistance institutions

Mutual assistance in the service of process

Mutual recognition of driving disqualifications within the European Union

Transfer of prisoners to and from the UK for the purpose of giving evidence and assisting investigations

Mutual legal assistance in relation to confiscation and forfeiture

Extradition Appendices

Extradition Act 1870

Extradition Act 1989

Extradition Act 2003

EAW Framework Decision

UK-USA Extradition Treaty 2003Appendix E6 EA 2003 (Multiple Offences) Order

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