Extradition and Mutual Legal Assistance Handbook / Edition 2

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Overview

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.

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Product Details

  • ISBN-13: 9780199574049
  • Publisher: Oxford University Press, USA
  • Publication date: 2/4/2011
  • Edition number: 2
  • Pages: 616
  • Product dimensions: 9.80 (w) x 7.00 (h) x 1.60 (d)

Meet the Author

John Jones is a barrister at Doughty Street Chambers specializing in extradition, war crimes, and counter-terrorism. He has appeared in many reported extradition cases and is consistently recommended by the directories in the field of extradition. He also publishes the Extradition Law Reports. He has appeared as counsel before a number of international courts and tribunals, including the International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra Leone and the European Court of Justice. He is also admitted to practice law in the District of Columbia, USA and the Kingdom of Cambodia.

Rosemary Davidson is a barrister at 6 King's Bench Walk. She is an extradition specialist, with extensive experience of advising and representing clients at all stages of contested extradition proceedings. Her appellate experience includes a number of reported extradition cases and she recently published an article on the principle of triviality in European Arrest Warrant cases. Rosemary is appointed to the Attorney General's civil panel and as well as the Attorney General's unified list of prosecutors. Her wider practice includes criminal law, public law and immigration. She also has international experience, having spent four months as an intern at the United Nations International Criminal Tribunal for Rwanda.

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Table of Contents

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

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