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