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The Law of Extradition and Mutual Assistance, 2nd Edition

The Law of Extradition and Mutual Assistance, 2nd Edition

Author: Clive Nicholls; Clare Montgomery; Julian B. Knowles
Publisher: Oxford University Press
ISBN: 9780199298990
Published In: September 2007
Format: Hardback , 876 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Covers both extradition and mutual assistance in one source
Sets our extradition procedures, both to and from the UK, dealing with arrest, hearing and appeals
Dedicated chapters on Police Powers, the new European Arrest Warrant, and extradition to the International Criminal Tribunals
Clear analysis of human rights issues
Expanded coverage of other jurisdictions - notably, the US, Canada and Australia
Comprehensive treatment of MLA issues - including cross-border surveillance, transfer of prisoners, driving disqualifications, and confiscation and forfeiture
Appendices contain updated text of all relevant legislation and materials

New to this edition

Scrupulously updated and rewritten to take into account the Extradition Act 2003, The Crime (International Co-operation) Act 2003, the Proceeds of Crime Act 2002, and the new US extradition treaty
Detailed chapter on new European Arrest Warrant

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Cameron May in 2002, the Extradition Act 1989 and the Criminal Justice (International Co-operation) Act 1990 have been repealed and replaced by the Extradition Act 2003 and the Crime (International Co-operation) Act 2003, respectively, and international confiscation is now dealt with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. The 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.

Readership: Primary market: Barristers and solicitors specialising in extradition and mutual assistance, and international aspects of criminal law - particularly practitioners working in the fields of fraud, terrorism, and asset recovery. Lawyers within the various prosecuting and enforcement agencies (notably the Crown Prosecution Service; the Home Office; HM Revenue and Customs; the Asset Recovery Agency; and the Serious Organised Crime Agency) also form a key market. Secondary market: Academics.

PART I: EXTRADITION
1: Introduction and Overview
2: Liability to Extradition; Extradition Offences
3: Categorization of Territories; Territorial Scope of the Extradition Act 2003
4: Initial Stages of the Extradition Process
5: The Extradition Hearing in Category 1 Cases
6: The Extradition Hearing in Category 2 Cases
7: Extradition and Human Rights
8: The Role of the Secretary of State; Deferral of Extradition
9: Appeals
10 10: Time for Extradition
11: Consent to Extradition; Withdrawals of Claims for Extradition
12: Return to the United Kingdom
13: Police Powers in Extradition Cases
14: Post-surrender Matters
15: The European Arrest Warrant
16: Extradition to International Criminal Tribunals
PART II: MUTUAL ASSISTANCE
17: Introduction to International Cooperation in Criminal Matters
18: UK Requests to Foreign States for Assistance
19: Requests by Foreign States to the UK for Assistance in Providing Evidence
20: Cross-border Surveillance
21 21: International Information Systems and Mutual Legal Assistance Institutions
22: Mutual Assistance in the Service of Process
23: Mutual Recognition of Driving Disqualifications within the European Union
24: Transfer of Prisoners to and from the UK for the Purpose of Giving Evidence and Assisting Investigations
25: Mutual Legal Assistance in Relation to Confiscation and Forfeiture
Extradition Appendices
Appendix E1: The Extradition Act 1870
Appendix E2: Extradition Act 1989
Appendix E3: Extradition Act 2003
Appendix E4: European Arrest Warrant (EAW) Framework Decision
Appendix E5: United Kingdom-United States Extradition Treaty 2003
Appendix E6: Extradition Act 2003 (Multiple Offences) Order
Appendix E7: Category 1 &2 territories; Territories designated for the purposes of the EA 2003
Mutual Assistance Appendices
Appendix M1: Crime (International Co-operation) Act 2003
Appendix M2: Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
Appendix M3: Mutual Legal Assistance Guidelines for the United Kingdom (4th edn, Home Office, November 2006)

Clive Nicholls QC, Barrister, 3 Raymond Buildings, Clare Montgomery QC, Barrister, Matrix Chambers, and Julian B. Knowles, Barrister, Matrix Chambers