Extradition and Mutual Legal Assistance Handbook

Hardcover | January 23, 2011

EditorJohn R. W. D. Jones, Rosemary Davidson

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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 statutelaw, 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 theEuropean 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 legalassistance, 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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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 statutelaw, it contains summaries of the leading ca...

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 numbe...

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Format:HardcoverDimensions:616 pages, 9.69 × 6.73 × 0.01 inPublished:January 23, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199574049

ISBN - 13:9780199574049

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Table of Contents

Part I: Extradition1. Brian Gibbins: IntroductionDefinitionOriginsTypes of Extradition ArrangementTerminologyThe Key PlayersThe Role of the Crown Prosecution Service2. Brian Gibbins: OverviewExport 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 StatesImport Extradition - Requests to Non-EU States3. John Jones: Mutual Trust and Abuse of ProcessIntroductionMutual TrustAbuse of Process4. Rosemary Davidson: Extradition OffencesIntroductionCategory 1 Territories (EAW)Category 2 TerritoriesThe Meaning of 'Conduct' in the 2003 Act5. Rosemary Davidson: The Extradition HearingIntroductionThe Initial Hearing/First AppearanceThe Extradition Hearing6. Rosemary Davidson: Bars to ExtraditionIntroductionThe Bars to ExtraditionMental or Physical Condition7. John Jones: Convictions in AbsenceIntroductionCategory 1 TerritoriesCategory 2 TerritoriesPrinciples8. Rosemary Davidson: The Decision of the Secretary of StateIntroductionCertificationOrder for ExtraditionPost-appeal Consideration of Human Rights9. Rosemary Davidson: Habeas Corpus, Judicial Review, and AppealsIntroductionAppeals 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 Review10. John Jones: Extradition and Human RightsIntroductionHistorical DevelopmentHuman Rights under the 2003 ActSpecific Human Rights11. John Jones: The Relationship between Extradition Law and Asylum LawIntroductionThe Bases upon which Asylum can be GrantedThe Differences between Asylum and Indefinite Leave to RemainThe Appeal Procedures available in Immigration CasesThose Instances in which Leave to Remain can be Revoked and the Procedure for so DoingThe Effect of Asylum on ExtraditionThe Relevance of Immigration and Asylum Law in Case PreparationPart II: Multi-Lateral and Regional Dimensions12. John Jones: Transfer to International Criminal Courts and TribunalsIntroductionThe International Criminal Courts and TribunalsTransfer of Persons to the Jurisdiction of the International Courts and Tribunals13. Arvinder Sambei: Extradition Law and Practice in other JurisdictionsIntroductionExtradition Procedure in the CaribbeanExtradition Procedure in IndiaExtradition Procedure in South AfricaExtradition Procedure in the United States of America14. Arvinder Sambei: The Political Offence ExceptionIntroductionWhat does Political Offence Exception Mean?Concluding RemarksPart III: Mutual Legal Assistance15. Victoria Ailes: Mutual Legal Assistance and other European Council Framework DecisionsIntroductionObtaining Assistance from OverseasRequests for Evidence to be Provided by the United KingdomOther Forms of AssistanceGrounds for RefusalCurrent DevelopmentsAppendicesFadi Daoud: Appendix A: A Guide for Duty SolicitorsJohn Jones: Appendix B: Extradition Arrangements by CountryJohn Jones: Appendix C: Subject-Matter Guide to Case-LawAppendix D: The Extradition Act 2003 (as amended)Appendix E: The Multiple Offences Order (SI No 2003/3150)Appendix F: The Framework Decision on ExtraditionAppendix G: The European Convention on ExtraditionAppendix H: The Commonwealth Scheme for the Rendition of Fugitive OffendersAppendix I: The US/UK Extradition TreatyAppendix 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 MattersAppendix M: The Harare Scheme relating to Mutual Assistance in Criminal Matters 2000Appendix N: The Council of Europe Convention on Mutual Assistance in Criminal Matters 1959