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OverviewThe 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. Full Product DetailsAuthor: John R W D Jones (Barrister, Doughty Street Chambers) , Rosemary Davidson (Barrister, 6 King's Bench Walk)Publisher: Oxford University Press Imprint: Oxford University Press Edition: 2nd Revised edition Dimensions: Width: 17.60cm , Height: 4.20cm , Length: 25.40cm Weight: 1.202kg ISBN: 9780199574049ISBN 10: 0199574049 Pages: 648 Publication Date: 16 December 2010 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPART I: EXTRADITION 1: Brian Gibbins: Introduction Definition Origins Types of Extradition Arrangement Terminology The Key Players The Role of the Crown Prosecution Service 2: Brian Gibbins: Overview 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: John Jones: Mutual Trust and Abuse of Process Introduction Mutual Trust Abuse of Process 4: Rosemary Davidson: Extradition Offences Introduction Category 1 Territories (EAW) Category 2 Territories The Meaning of 'Conduct' in the 2003 Act 5: Rosemary Davidson: The Extradition Hearing Introduction The Initial Hearing/First Appearance The Extradition Hearing 6: Rosemary Davidson: Bars to Extradition Introduction The Bars to Extradition Mental or Physical Condition 7: John Jones: Convictions in Absence Introduction Category 1 Territories Category 2 Territories Principles 8: Rosemary Davidson: The Decision of the Secretary of State Introduction Certification Order for Extradition Post-appeal Consideration of Human Rights 9: Rosemary Davidson: Habeas Corpus, Judicial Review, and Appeals 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: John Jones: Extradition and Human Rights Introduction Historical Development Human Rights under the 2003 Act Specific Human Rights 11: John Jones: The Relationship between Extradition Law and Asylum Law 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: John Jones: Transfer to International Criminal Courts and Tribunals Introduction The International Criminal Courts and Tribunals Transfer of Persons to the Jurisdiction of the International Courts and Tribunals 13: Arvinder Sambei: Extradition Law and Practice in other Jurisdictions Introduction Extradition Procedure in the Caribbean Extradition Procedure in India Extradition Procedure in South Africa Extradition Procedure in the United States of America 14: Arvinder Sambei: The Political Offence Exception Introduction What does Political Offence Exception Mean? Concluding Remarks PART III: MUTUAL LEGAL ASSISTANCE 15: Victoria Ailes: Mutual Legal Assistance and other European Council Framework Decisions 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 Fadi Daoud: Appendix A: A Guide for Duty Solicitors John Jones: Appendix B: Extradition Arrangements by Country John Jones: Appendix C: Subject-Matter Guide to Case-Law 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 1959Reviewsthe handbook is accessible and to be welcomed, being as it is the most up to date book to date. * David J Dickson, Journal of the Law Society of Scotland * the handbook is accessible and to be welcomed, being as it is the most up to date book to date. David J Dickson, Journal of the Law Society of Scotland `...essential elements of the law of extradition and mutual legal assistance. As an introduction to these areas of law and practice the handbook is accessible and to be welcomed' David Dickson, Journal of the Law and Society of Scotland Author InformationJohn 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. Tab Content 6Author Website:Countries AvailableAll regions |
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