This Practice Note explains the position in respect of prison conditions in European Member States as a bar to extradition following the cases of Badre v Court of Florence, Marku v Greece and Elashmawy v Court of Brescia.
This Practice Note explains the impact of three rulings on extradition requests made by the Russian Federation and by Turkey. It considers, in particular, the cases of Trefilov, Tyurin and Fotinova v Russian Federation and Charles v Mugla Chief Public Prosecution Office Turkey.
This Practice Note considers the statutory and procedural bars to extradition under section 12 of the Extradition Act 2003 (EA 2003) (rule against double jeopardy), EA 2003, s 12A (absence of a prosecution decision), EA 2003, s 13 (extraneous considerations), EA 2003, s 14 (passage of time), EA 2003, s 15 (age), EA 2003, s 17 (specialty), EA 2003, s 18 (earlier extradition to the UK), EA 2003, s 19B (forum), EA 2003, s 20 (conviction in absence), EA 2003, s 21A (proportionality), EA 2003, s 25 (physical and mental condition), EA 2003, s 94 (death penalty) and where a requested person’s extradition would be barred based on immigration status, human rights and abuse of process.
This Practice Note covers the position regarding a defendant consenting to his extradition under the Extradition Act 2003. It covers the defendant’s ability to consent to extradition, timing of consent to extradition, procedure for consent to extradition, the legal effect of the consent to extradition, the extradition process following consent, withdrawal of the warrant after the consent to extradition, the position of further extradition requests received after consent to extradition and finally advising a defendant on whether to consent to extradition.
This Practice Note covers the law in relation to the European Arrest Warrant (EAW) under the Extradition Act 2003. It covers how a person is arrested, including safeguards on arrest, the position in relation to accusation cases and conviction cases, and what happens at the initial hearing, whether the warrant has sufficient particulars or is it materially misleading, double criminality and the double criminality test, the framework list offences where no double criminality test is required, and non-framework list offences where double criminality needs to be established. Finally, it covers the position regarding conviction cases and the framework list offence and conviction cases and the non-framework list offence. It also considers the impact of Brexit decision on the EAW.
This Practice Note provides an explanation of what extradition is and the statutory framework for extradition proceedings under the Extradition Act 2003 (EA 2003). Extradition takes place when at the request of another jurisdiction, a person accused or convicted of a serious criminal offence is returned by the UK to that jurisdiction or where a person is returned from another jurisdiction, at the UK's request, to stand trial for a criminal offence or to serve a custodial sentence in the UK. Due to the nature of the arrangements between the UK and other jurisdictions, the EA 2003 (which sets out the provisions governing extradition requests to or from the UK) is broken down into sections dealing with Part 1 territories or Part 2 territories. This Practice Note also considers the future of extradition in the post-Brexit era.
This Practice Note covers appealing an extradition order under Part 1 of the Extradition Act 2003. It covers who may make an appeal, the right to appeal, the notice of appeal, procedural requirements, the scope of the statutory right of appeal, leave to appeal to the High Court, powers of the High Court on appeal, time for appeal to be heard by the High Court, leave to appeal to the Supreme Court, hearing of the appeal by the Supreme Court, detention of defendant pending conclusion of appeal and appeal to the European Court of Human Rights.
This Practice Note covers extradition under Part 1 of the Extradition Act 2003 (EA 2003) pursuant to a certified extradition request issued by a Part 1 territory. It deals with the defendant’s arrest and the initial hearing itself, certification, the arrest warrant for extradition, the arrest itself, service of an arrest warrant or provisional warrant, timing of the initial hearing, the initial hearing following provisional arrest, proceedings at the initial hearing and adjournment. It also considers active case management of extradition proceedings and active assistance by the parties in furtherance of the overriding objective.
This Practice Note covers extradition under Part 1 of the Extradition Act 2003 (EA 2003). It deals with the extradition hearing, including the date of the hearing, adjournment of the hearing, admissibility of evidence in the hearing, what is an extradition offence, and double jeopardy. It also covers extraneous considerations, including passage of time, age of the defendant as a bar to extradition, hostage taking considerations, speciality, earlier extradition or transfer to the UK, rights of convicted defendants, human rights considerations, and the defendant’s physical or mental condition as a bar to extradition.
This Practice Note covers extradition under Part 2 of the Extradition Act 2003 (EA 2003) the extradition hearing. It covers the extradition hearing itself and the potential outcomes, date of the extradition hearing, adjournment of the extradition hearing, admissibility of evidence in an extradition hearing, the extradition documents required, prerequisites for extradition, the extradition offence, double jeopardy, extraneous considerations including passage of time, hostage taking considerations, evidence against accused defendants, rights of convicted defendants, humans rights, physical and mental condition of a defendant as a bar to extradition, and cases sent to the Secretary of State.
This Practice Note explains the right to renew an appeal under section 108 of the Extradition Act 2003 to the court rather than to the Secretary of State as a ‘long stop’. It includes information on the medical or physical condition of the subject of extradition as a human rights bar to extradition. This Practice Note also includes information on the approach of the court to suicide risk.
This Practice Note covers the Secretary of State's function in extradition requests made by category 2 territories under the Extradition Act 2003. It includes the position in relation to certification, what should be contained in the certificate and the position after certification. It then covers conditions for an extradition order, discharge of a defendant, timing of an extradition decision, what happens after an extradition order and finally asylum claims.
This Practice Note explains the time for extradition under the Extradition Act 2003. It explains the time for both category countries and that following an appeal or deferred proceedings. The note explains the consequences of failing to comply with the time limits. It also considers non-compliance with time limits and what the impact is—whether the requested person will automatically be discharged or released from custody.
This Checklist provides practitioners with key questions to consider when dealing with a client subject to a request for extradition.
This Checklist provides practitioners with a step by step guide to the procedure of extradition under the Part 1 of the Extradition Act 2003.
This Checklist summarises the mandatory content required on an extradition request made under the Extradition Act 2003.
This Checklist summaries how a country can become a designated country under Part 2 of the Extradition Act 2003. It also provides a list of all the countries that are currently designated under category 2.
This Checklist highlights the issues which practitioners should check to ensure that a European Arrest Warrant (EAW) is valid under the Extradition Act 2003.
This Checklist summarises the information practitioners need to obtain when taking instructions on a European Arrest Warrant (EAW) under the Extradition Act 2003.
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