Extradition and Mutual Legal Assistance Handbook

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 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.

the handbook is accessible and to be welcomed, being as it is the most up to date book to date.

• PART I: EXTRADITION ; 1. Introduction ; Definition ; Origins ; Types of Extradition Arrangement ; Terminology ; The Key Players ; The Role of the Crown Prosecution Service ; 2. 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. Mutual Trust and Abuse of Process ; Introduction ; Mutual Trust ; Abuse of Process ; 4. Extradition Offences ; Introduction ; Category 1 Territories (EAW) ; Category 2 Territories ; The Meaning of 'Conduct' in the 2003 Act ; 5. The Extradition Hearing ; Introduction ; The Initial Hearing/First Appearance ; The Extradition Hearing ; 6. Bars to Extradition ; Introduction ; The Bars to Extradition ; Mental or Physical Condition ; 7. Convictions in Absence ; Introduction ; Category 1 Territories ; Category 2 Territories ; Principles ; 8. The Decision of the Secretary of State ; Introduction ; Certification ; Order for Extradition ; Post-appeal Consideration of Human Rights ; 9. 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. Extradition and Human Rights ; Introduction ; Historical Development ; Human Rights under the 2003 Act ; Specific Human Rights ; 11. 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. 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. 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. The Political Offence Exception ; Introduction ; What does Political Offence Exception Mean? ; Concluding Remarks ; PART III: MUTUAL LEGAL ASSISTANCE ; 15. 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 ; Appendix A: A Guide for Duty Solicitors ; Appendix B: Extradition Arrangements by Country ; 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 1959