Extradition: Law and Practice

The second edition of this book is long overdue. The first edition was published before Mr Justice Goff's landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK's adoption of the European Convention on Human Rights.These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK's extradition law into its political and evolutionary context. Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms of international law in the area of human rights. This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK's incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to have regard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition.Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systems prevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a late arrival.The Authors, both barristers, bring an unusually broad insight to their work. Ivor Stanbrook, then an MP, was on the Common Committee that scrutinized the Extradition bill that subsequently became the 1989 Extradition Act. Clive Stanbrook practices primarily in Brussels specialising in European Union Law as well as Human Rights Law.

Table of Contents:
Part I: History, General Principles and Common Features 1: Historical Development 2: Double Criminality 3: The Speciality Rule 4: Political Offences 5: Human Rights 6: Jurisdiction 7: Other Common Features Part II: Outward Extradition from the United Kingdom 8: Procedure (Outward Extradition) 9: Appeal: Habeas Corpus & Review 10: Extradition to the Irish Republic 11: Extradition to European States 12: Extradition to the Commonwealth 13: Extradition to Other Countries, Including the USA Part III: Inward Extradition to the United Kingdom 14: Procedure (Inward Extradition) 15: Inward Extradition from the Irish Republic 16: Extradition from Other European States 17: Extradition from the Commonwealth 18: Extradition from Other Countries, Including the USA AppendicesA: Extradition Act 1989 (c33) AppendixB: Backing of Warrants (Republic of Ireland) Act 1965 (c 45) AppendixC: European Convention on Extradition Order 1990, SI 1990/1507 AppendixD: Scheme Relating to the Rendition of Fugitive Offenders Within the Commonwealth AppendixE: United States of America (Extradition) Order 1976, SI 1976/2144 AppendixF: United States of America Extradition (Amendment) Order 1986, SI 1986/2020 AppendixG: Extradition (Designated Commonwealth Countries) Order 1991. SI 1991/1700 AppendixH: Bilateral treaties made under the Extradition Act 1870: Summary of Provisions AppendixI: Orders in Council made under the Extradition Act 1989, section 4 for the purposes of section 22(3) AppendixJ: All States currently recognized by the United Kingdom, with a guide to extradition arrangements applciable to each Index

About the Author :
Ivor Stanbrook served in the RAF from 1943-46, colonial district officer in Nigeria 1950 - 1960, Assistant Secretary Council of Ministers Lagos 1954; called to the Bar, Inner Temple 1960; contested ( c) East Ham S 1966, chm Cons Backbench Constitutional Committee, chm Cons NI Committee; chm: British Nigerian All Party Group, British-Zambian All Party Group, British-Southern Africa All Party Group; member: Court of Referees Clive Stanbrook was called to the Bar Inner Temple in 1972; he was a board member of the World Trade Center Association (London) 1977 - 1983, a founder and senior partner Stanbrook & Hooper, Brussels 1977; and the President of the British Chamber of Commerce for Belgium and Luxembourg 1985-87

Review :
`This book provides the reader with a detailed and systematic analysis of the current state of UK extradition law...the implications of the Human Rights Act are examined in detail. It is arguably the most comprehensive book to have been written on the subject since Sir Edward Clark's book of over 100 years ago.' Wildy's Book News Nov/Dec 2000