Full Description
The Extradition and Mutual Legal Assistance Handbook is the new edition of the previously entitled Extradition 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, this Handbook brings 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.
Contents
PART I: EXTRADITION ; 1. Introduction ; Definition ; Origins ; Types of Extradition Arrangement ; Terminology ; The Key Players ; The Role of the Crown Prosecution Service ; 2. Overview ; 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 ; Introduction ; Mutual Trust ; Abuse of Process ; 4. Extradition Offences ; Introduction ; Category 1 Territories (EAW) ; Category 2 Territories ; The Meaning of 'Conduct' in the 2003 Act ; 5. The Extradition Hearing ; Introduction ; The Initial Hearing/First Appearance ; The Extradition Hearing ; 6. Bars to Extradition ; Introduction ; The Bars to Extradition ; Mental or Physical Condition ; 7. Convictions in Absence ; Introduction ; Category 1 Territories ; Category 2 Territories ; Principles ; 8. The Decision of the Secretary of State ; Introduction ; Certification ; Order for Extradition ; Post-appeal Consideration of Human Rights ; 9. Habeas Corpus, Judicial Review, and Appeals ; 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 ; Introduction ; Historical Development ; Human Rights under the 2003 Act ; Specific Human Rights ; 11. The Relationship between Extradition Law and Asylum Law ; 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 ; 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 ; 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 ; Introduction ; What does Political Offence Exception Mean? ; Concluding Remarks ; PART III: MUTUAL LEGAL ASSISTANCE ; 15. Mutual Legal Assistance and other European Council Framework Decisions ; 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 ; Appendix B: Extradition Arrangements by Country ; Appendix C: Subject-Matter Guide to Case-Law ; 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
