The Law of Extradition and Mutual Assistance

The Law of Extradition and Mutual Assistance provides a comprehensive and authoritative treatment of the laws covering the extradition arrangements between the UK and other states, as well as international mutual assistance. Since the first edition was published by Cameron May in 2002, the Extradition Act 1989 and the Criminal Justice (International Co-operation) Act 1990 have been repealed and replaced by the Extradition Act 2003 and the Crime (International Co-operation) Act 2003, respectively, and international confiscation is now dealt with under the Proceeds of Crime Act 2002. This second edition has therefore been scrupulously updated and rewritten to take into account all of the legislative changes, and offers a detailed treatment and practical guidance to the new legislation. The new edition has also been expanded to provide comparative coverage on extradition law and practice in other jurisdictions, including the US, Canada, and Australia, and includes a chapter on how the European Arrest Warrant is dealt with in other EU countries. The authors provide an expert commentary and critique of the new legislation and case law, and the book contains all relevant legislation.

Table of Contents:
PART I: EXTRADITION; 1. Introduction and Overview; 2. Liability to Extradition; Extradition Offences; 3. Categorization of Territories; Territorial Scope of the Extradition Act 2003; 4. Initial Stages of the Extradition Process; 5. The Extradition Hearing in Category 1 Cases; 6. The Extradition Hearing in Category 2 Cases; 7. Extradition and Human Rights; 8. The Role of the Secretary of State; Deferral of Extradition; 9. Appeals; 10 10 Time for Extradition; 11. Consent to Extradition; Withdrawals of Claims for Extradition; 12. Return to the United Kingdom; 13. Police Powers in Extradition Cases; 14. Post-surrender Matters; 15. The European Arrest Warrant; 16. Extradition to International Criminal Tribunals; PART II: MUTUAL ASSISTANCE; 17. Introduction to International Cooperation in Criminal Matters; 18. UK Requests to Foreign States for Assistance; 19. Requests by Foreign States to the UK for Assistance in Providing Evidence; 20. Cross-border Surveillance; 21 21 International Information Systems and Mutual Legal Assistance Institutions; 22. Mutual Assistance in the Service of Process; 23. Mutual Recognition of Driving Disqualifications within the European Union; 24. Transfer of Prisoners to and from the UK for the Purpose of Giving Evidence and Assisting Investigations; 25. Mutual Legal Assistance in Relation to Confiscation and Forfeiture; EXTRADITION APPENDICES; Appendix E1: The Extradition Act 1870; Appendix E2: Extradition Act 1989; Appendix E3: Extradition Act 2003; Appendix E4: European Arrest Warrant (EAW) Framework Decision; Appendix E5: United Kingdom-United States Extradition Treaty 2003; Appendix E6: Extradition Act 2003 (Multiple Offences) Order; Appendix E7: Category 1 &2 territories; Territories designated for the purposes of the EA 2003; MUTUAL ASSISTANCE APPENDICES; Appendix M1: Crime (International Co-operation) Act 2003; Appendix M2: Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005; Appendix M3: Mutual Legal Assistance Guidelines for the United Kingdom (4th edn, Home Office, November 2006)

About the Author :
Clive Nicholls QC (called 1957, Silk 1982) is Head of Chambers at 3 Raymond Buildings and specialises in extradition, human rights, mutual assistance, money laundering and confiscation of assets cases. He has appeared in many of the leading extradition cases in England, including over 15 in the House of Lords and Privy Council. Clare Montgomery QC (called Matrix Chambers, Barrister and Deputy High Court Judge).She is one of the practitioner editors of Archbold Criminal Pleading Evidence and Practice, responsible for the chapter on insolvency, the financial markets and commerce. She has been involved in many of the leading criminal fraud prosecutions: Guinness, Brent Walker, Maxwell and Wickes. She has also been involved in transnational crime cases in the House of Lords. Julian B. Knowles (called 1994) is a barrister at Matrix Chambers. He is regarded as one of the UK's leading extradition juniors and a substantial proportion of his practice involves advising individuals and governments on international criminal law issues. He acted for General Pinochet in the extradition proceedings brought by Spain between 1998 and 2000 and has appeared in a number of other high profile extradition cases. He wrote Blackstones Guide to the Extradition Act 2003 (OUP, 2004) and is also a contributing author to both Blackstone's Guide to the Serious Organised Crime and Police Act 2005 (OUP, 2005) and Asset Recovery (second edition in looseleaf, OUP, due January 2007).