Extradition Law Handbook

Summary

Extradition legislation and cases can be very difficult to locate, particularly when practitioners require quick and easy access to authorities. The Handbook includes legislation and relevant case law covering ECE (European Convention on Extradition), Commonwealth, and treaty countries and UN Conventions, arranged thematically, so providing clear, step-by-step coverage through the extradition process. The Extradition Act 2003 came into force on 1 January 2004, and the Handbook covers the provisions of the 1989 Act and the new Act as the transitional provisions still apply to existing extradition proceedings. Sections on Human Rights implications and war crimes tribunals are also included, as well as useful appendix materials.

Author Biography

Arvinder Sambei is a barrister and until recently worked in the CPS extradition unit. She has worked on virtually all the cases heard in the last ten years and is uniquely placed to comment on the existing case law. She is now legal advisor to the Permanent Joint Headquarters at the Ministry of Defence. John Jones is a barrister at Charter Chambers, specializing in extradition and war crimes. He has worked at the war crimes tribunals in The Hague, Arusha, and Sierra Leone.

Table of Cases

xvii

Tables of Legislation

xxix

List of Abbreviations

xxxix

1. Introduction to International Law Principles Affecting Extradition

(10)

A. General

B. The English Law Approach to Criminal Jurisdiction

C. The 1989 Act and the 2003 Act

D. The Role of the Crown Prosecution Service

2. An Overview of the Extradition Process

(20)

A. Terminology

B. Types of Extradition: Export/Import

C. Export Cases

(1) How Export Extradition Commences

(2) The Main Stages in Export Cases

D. Import Cases

3. Authorities to Proceed, Orders to Proceed and Certificates

(12)

A. Introduction

B. Authorities to Proceed/Orders to Proceed: The 1989 Act

C. The Position Under the 2003 Act

4. Extradition Crimes and Offences

(12)

A. Introduction

B. The 1989 Act

C. The 2003 Act

(1) Category 1 Territories (EAW)

(2) Category 2 Territories

5. The Extradition Hearing

(20)

A. Committal Proceedings under the 1989 Act

B. The Extradition Hearing under the 2003 Act

(1) The First Appearance/Initial Hearing

(2) The Extradition Hearing

(3) Part 1 Cases (European Arrest Warrants)

(4) Part 2 Cases (Category 2 Territories)

6. Convictions In Absentia

(10)

A. The 1989 Act

B. The 2003 Act

7. Habeas Corpus and Appeals

(10)

A. The 1989 Act

B. The 2003 Act

8. Extradition and the Law of Human Rights

(14)

A. Introduction

B. The Impact of Human-Rights Law on Extradition Law

C. The Human Rights Act 1998 and the ECHR in Extradition Law

(1) Interpretation of Convention Rights (section 2)

(2) Interpretation of Legislation (section 3)

(3) Declaration of Incompatibility (section 4)

(4) Acts of Public Authorities (section 6)

(5) The Substantive Rights Guaranteed under the ECHR

D. Human Rights under the 2003 Act

Appendix A: Case Synopses

109

(222)

Appendix B: Other Materials

331

(312)

1. Extradition Act 2003

331

(114)

2. Extradition Act 2003 Codes of Practice

445

(30)

3. Council Framework Decision on the European Arrest Warrant and the Surrender Procedures between Member States

475

(18)

4. The Extradition Act 2003 (Designation of Part 1 Territories) Order 2003

493

(1)

5. The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003

494

(4)

6. The Extradition Act 2003 (Part 3 Designation) Order 2003

498

(1)

7. Extradition Act 1989

499

(32)

8. European Convention on Extradition Order 1990

531

(32)

9. European Convention on Extradition (Fiscal Offences) Order 2001

563

(7)

10. The European Union Extradition Regulations:

570

(33)

(a) The Convention on Simplified Extradition Procedure between Member States of the European Union 1995

571

(11)

(b) The Convention Relating to Extradition between Member States of the European Union 1996

582

(21)

11. Agreement on Extradition between the European Union and the United States of America (2003)

603

(8)

12. Proposed Extradition Treaty between the United Kingdom and the United States of America 2003

611

(9)

13. The Extradition (Overseas Territories) (Hong Kong) Order 2002

620

(1)

14. The Extradition (Overseas Territories) (Application to Hong Kong) Order 2002

621

(3)

15. Commonwealth Scheme for the Rendition of Fugitive Offenders (as amended in 1990)

624

(10)

16. The London Scheme for Extradition within the Commonwealth (2002)

634

(9)

Index

643

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.