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The Law of Extradition and Mutual Assistance
By
Clive Nicholls QC, Clare Montgomery QC, and Julia
Description
- Covers both extradition and mutual assistance - combining comprehensive coverage of the substantive law with practical guidance on procedural issues
- Comprehensive one-stop shop: expert narrative plus full text of all relevant legislation
- Detailed chapter on new European Arrest Warrant
- Expanded comparative coverage on law and practice in other jurisdictions
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Cameron May in 2002, the Extradition Act 1989 and the Criminal Justice (International Co-operation) Act 1990 have been repealed and replaced by the Extradition Act 2003 and the Crime (International Co-operation) Act 2003, respectively, and international confiscation is now dealt with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.
Contents
PART I: EXTRADITION
1. Introduction and overview
2. Liability to extradition. Extradition offences
3. Categorisation 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. 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 co-operation 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. International informations 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 Extradition Act 1870
Appendix E2 Extradition Act 1989
Appendix E3 Extradition Act 2003
Appendix E4 EAW Framework Decision
Appendix E5 UK-USA Extradition Treaty 2003
Appendix E6 EA 2003 (Multiple Offences) Order
Appendix E7 Category 1 &2 territories. Territories designated for the purposes of the EA 2003
Mutual Assistance Appendices
M1 Crime (International Co-operation) Act 2003
M2 POCA 2002 (External Requests and Orders) Order 2005
M3 Mutual Legal Assistance Guidelines for the UK
Authors, editors, and contributors
Clive Nicholls QC, Barrister, 3 Raymond Buildings,
Clare Montgomery QC, Barrister, Matrix Chambers, and
Julian B. Knowles, Barrister, Matrix Chambers
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