Retrial-conviction cases: when is extradition proportionate? – 5SAH
‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’
5SAH, 17th March 2021
Source: www.5sah.co.uk
Category: extradition
Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH
‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or “surrender” between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU “Specialised Committee on Law Enforcement and Judicial Cooperation”. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’
5SAH, 10th March 2021
Source: www.5sah.co.uk
Harry Dunn crash: Biden team says Anne Sacoolas extradition refusal ‘final’ – BBC News
‘The new Biden administration has said the US government’s decision to refuse an extradition request for Harry Dunn’s alleged killer was “final”.’
BBC News, 28th January 2021
Source: www.bbc.co.uk
A ‘brave new world’ for UK extradition law? – Law Society’s Gazette
‘Upon our departure from the EU, the UK extradition landscape has changed – although not as much as one might think.’
Law Society's Gazette, 27th January 2021
Source: www.lawgazette.co.uk
Assange cannot be extradited, but free speech arguments dismissed — an extended look – UK Human Rights Blog
‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’
UK Human Rights Blog, 21st January 2021
Source: ukhumanrightsblog.com
Extradition – A Year in Review of 2020 – A look forward to 2021 – 5SAH
‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’
5SAH, 6th January 2021
Source: www.5sah.co.uk
Julian Assange: Wikileaks founder extradition to US blocked by UK judge – BBC News
‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’
BBC News, 4th January 2021
Source: www.bbc.co.uk
Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News
‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’
BBC News, 20th December 2020
Source: www.bbc.co.uk
Harry Dunn’s family can appeal against High Court ruling – BBC News
‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Court to rule on UK freedom of information bids from overseas – The Guardian
‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’
The Guardian, 6th October 2020
Source: www.theguardian.com
Harry Dunn: Family to meet with top prosecutor amid talks over trial in absentia – The Independent
‘The family of Harry Dunn has been invited to a meeting with the Director of Public Prosecutions (DPP) amid government discussions about the possibility of a trial in the absence of the teenager’s alleged killer.’
The Independent, 8th September 2020
Source: www.independent.co.uk
Judge highlights open justice benefits of telephone hearings – Litigation Futures
‘There is “a lot to be said” for telephone, rather than video, hearings from the perspective of open justice and parties should bear this in mind when deciding how to proceed, a High Court judge has said.’
Litigation Futures, 4th September 2020
Source: www.litigationfutures.com
Harry Dunn’s parents drop plan to sue US government – The Independent
‘The parents of Harry Dunn have dropped plans to sue the US government over his death in a crash allegedly involving the wife of an American intelligence official. Charlotte Charles and Tim Dunn said they had made the decision in the hope the Trump administration would allow suspect Anne Sacoolas to face the UK justice system.’
The Independent, 1st September 2020
Source: www.independent.co.uk
Harry Dunn death: Anne Sacoolas faces possible trial in absentia – The Guardian
‘The attorney general for England and Wales, Suella Braverman, is considering trying the wife of a US intelligence officer in her absence on a charge of causing the death by dangerous driving of the teenager Harry Dunn.’
The Guardian, 25th August 2020
Source: www.theguardian.com
London murderer and serial rapist jailed for at least 37 years – The Guardian
‘A serial attacker who raped four women and murdered his final victim, dumping her body in a children’s playground, has been jailed for life after an eight-year extradition battle.’
The Guardian, 20th August 2020
Source: www.theguardian.com
36 Crime Criminal Updates – The 36 Group
‘This summer Newsletter has, as always, a range of articles. For those of us who, just, knew a time before the dishonesty test in Ghosh, it is disturbing that it has been described as a wrong turn, and Arthur Kendrick analyses for us the consequences of the recent judgment of the Court of Appeal in Barton and Booth. The pandemic may be the result of the mis-handling of food sources, and Dharmendra Toor reflects on a decision from the early days of the pandemic that highlights the importance for us of the compliance with food safety regulations by food manufacturers, restaurants and supermarkets. Sally Hobson provides a helpful analysis and some guidance when dealing with cases following extradition to the UK for offences for which the individual was not specifically extradited. We are grateful to Mary Prior Q.C. for another summary of important and instructive cases recently decided across the broad range of practice and procedure in the criminal courts.’
The 36 Group, July 2020
Source: 36group.co.uk
Harry Dunn death: Family drop legal action against Northamptonshire Police – BBC News
‘The parents of a young man whose death in a crash sparked an international diplomatic row have dropped their legal action against Northamptonshire Police.’
BBC News, 26th July 2020
Source: www.bbc.co.uk
Immunity rule changed in wake of Harry Dunn death – BBC News
‘The UK and the US have agreed to amend an “anomaly” that allowed Harry Dunn death suspect Anne Sacoolas to claim diplomatic immunity.’
BBC News, 22nd July 2020
Source: www.bbc.co.uk
Jack Shepherd: Speedboat killer has sentence reduced – BBC News
‘Speedboat killer Jack Shepherd has had his sentence reduced by almost three months by appeal judges.’
BBC News, 16th July 2020
Source: www.bbc.co.uk
