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Extradition and Mutual Legal Assistance Handbook, 2nd Edition

Extradition and Mutual Legal Assistance Handbook, 2nd Edition

Author: John RWD Jones; Rosemary Davidson
Publisher: Oxford University Press
ISBN: 9780199574049
Published In: December 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Clear, step-by-step coverage of the law affecting each stage of the extradition process
Comprehensive guide to the law on mutual legal assistance
Includes key source materials and useful references from which conventions and treaties can be obtained
User-friendly index of cases by subject matter
Written by an expert practitioner author team led by John Jones
New to this edition

Comprehensive guidance on mutual legal assistance, including all relevant case law
Contains up to date analysis of extradition case law
New sections covering the international dimension and the political offence exception
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.

Readership: Criminal and human rights barristers, solicitors, government lawyers, judges, and others dealing with extradition law; academics and students worldwide.

PART I: EXTRADITION

1: Brian Gibbins: Introduction

Definition

Origins

Types of Extradition Arrangement

Terminology

The Key Players

The Role of the Crown Prosecution Service

2: Brian Gibbins: 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: John Jones: Mutual Trust and Abuse of Process

Introduction

Mutual Trust

Abuse of Process

4: Rosemary Davidson: Extradition Offences

Introduction

Category 1 Territories (EAW)

Category 2 Territories

The Meaning of 'Conduct' in the 2003 Act

5: Rosemary Davidson: The Extradition Hearing

Introduction

The Initial Hearing/First Appearance

The Extradition Hearing

6: Rosemary Davidson: Bars to Extradition

Introduction

The Bars to Extradition

Mental or Physical Condition

7: John Jones: Convictions in Absence

Introduction

Category 1 Territories

Category 2 Territories

Principles

8: Rosemary Davidson: The Decision of the Secretary of State

Introduction

Certification

Order for Extradition

Post-appeal Consideration of Human Rights

9: Rosemary Davidson: 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: John Jones: Extradition and Human Rights

Introduction

Historical Development

Human Rights under the 2003 Act

Specific Human Rights

11: John Jones: 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: John Jones: 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: Arvinder Sambei: 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: Arvinder Sambei: The Political Offence Exception

Introduction

What does Political Offence Exception Mean?

Concluding Remarks

PART III: MUTUAL LEGAL ASSISTANCE

15: Victoria Ailes: 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

Fadi Daoud: Appendix A: A Guide for Duty Solicitors

John Jones: Appendix B: Extradition Arrangements by Country

John Jones: 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;

Edited by John R W D Jones, Barrister, Doughty Street Chambers, and Rosemary Davidson, Barrister, 6 King's Bench Walk

Contributors:

Victoria Ailes, 6 King's Bench Walk
Fadi Daoud, Lawrence & Co
Brian Gibbins, Crown Prosecution Service Special Crime Division
Arvinder Sambei, Amicus Legal Consultants

"the handbook is accessible and to be welcomed, being as it is the most up to date book to date." - David J Dickson, Journal of the Law Society of Scotland