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Vol 23 No 5 May/June 2018

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Extradition and Mutual Legal Assistance Handbook 2nd ed

Edited by: John RWD Jones, Rosemary Davidson

ISBN13: 9780199574049
Previous Edition ISBN: 0199276412
Published: December 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £195.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The 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.

Criminal Law
1: Brian Gibbins: Introduction
Types of Extradition Arrangement
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
Mutual Trust
Abuse of Process

4: Rosemary Davidson: Extradition Offences
Category 1 Territories (EAW)
Category 2 Territories
The Meaning of 'Conduct' in the 2003 Act

5: Rosemary Davidson: The Extradition Hearing
The Initial Hearing/First Appearance
The Extradition Hearing

6: Rosemary Davidson: Bars to Extradition
The Bars to Extradition
Mental or Physical Condition

7: John Jones: Convictions in Absence
Category 1 Territories
Category 2 Territories

8: Rosemary Davidson: The Decision of the Secretary of State
Order for Extradition
Post-appeal Consideration of Human Rights

9: Rosemary Davidson: Habeas Corpus, Judicial Review, and Appeals
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
Historical Development
Human Rights under the 2003 Act
Specific Human Rights

11: John Jones: The Relationship between Extradition Law and Asylum Law
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

12: John Jones: Transfer to International Criminal Courts and Tribunals
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
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
What does Political Offence Exception Mean?
Concluding Remarks

15: Victoria Ailes: Mutual Legal Assistance and other European Council Framework Decisions
Obtaining Assistance from Overseas
Requests for Evidence to be Provided by the United Kingdom
Other Forms of Assistance
Grounds for Refusal
Current Developments

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 1959;