Extradition and International update – 5SAH

Posted July 10th, 2020 in chambers articles, extradition, international law, news by sally

‘The newsletter features the following articles & videos:

– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’

Full Story

5SAH, 1st July 2020

Source: www.5sah.co.uk

Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth) – 5SAH

Posted June 23rd, 2020 in coronavirus, detention, extradition, habeas corpus, news, time limits, warrants by sally

‘This case concerns the impact of the coronavirus (COVID19) pandemic on the execution of European Arrest Warrants (EAWs). Extradition is presently impossible due to travel restrictions that have been imposed across Europe. The judgment considered the legality of repeated short-term extensions to the ten-day period in which extradition on an EAW must take place. Under Article 23 of the Framework Decision, extradition can be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any Member State. The court held that the coronavirus pandemic is capable of satisfying either criteria. A requested person is not entitled to be notified of any application to extend the extradition period, or to make representations at a hearing. However, in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.’

Full Story

5SAH, 23rd June 2020

Source: www.5sah.co.uk

Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible? – 5SAH

‘Last December, Anne Sacoolas was charged with causing death by dangerous driving following a road traffic accident in which 19-year-old Harry Dunn lost his life. It is alleged that she was driving on the wrong side of the road at the time. Mrs Sacoolas’ husband was employed in some official capacity at a United States Air Force communication station based at RAF Croughton.’

Full Story

5SAH, 13th May 2020

Source: www.5sah.co.uk

Harry Dunn crash: Anne Sacoolas extradition refusal ‘final’ – BBC News

Posted May 12th, 2020 in accidents, diplomats, extradition, immunity, news, road traffic by sally

‘The US has said its decision to refuse an extradition request for Harry Dunn’s alleged killer was final.’

Full Story

BBC News, 12th May 2020

Source: www.bbc.co.uk

The impact of Coronavirus, part 4: developments in extradition – 6KBW College Hill

Posted April 20th, 2020 in chambers articles, coronavirus, courts, extradition, live link evidence, news by sally

‘Necessity is the mother of invention. Never has the English proverb been proved so true as with the rapid deployment of video link technology in the court system following the coronavirus (COVID-19) pandemic and consequent reduction of in-person hearings. This post considers the developments applicable to extradition proceedings; the current arrangements for hearings, appeals and removal; and the potential impact of the pandemic on the bars to extradition and bail applications.’

Full Story

6KBW College Hill, 7th April 2020

Source: blog.6kbw.com

“This lopsided Treaty…” Is the US/UK Extradition Treaty imbalanced? – 6KBW College Hill

Posted April 17th, 2020 in chambers articles, extradition, interpretation, news, treaties by sally

‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’

Full Story

6KBW College Hill, 9th April 2020

Source: blog.6kbw.com

Lewis Graham: Life Sentences under the Convention: Law or Politics? – UK Constitutional Law Association

‘Sometimes cases stand for far more than their strict ratio decidendi. The High Court’s recent ruling in Hafeez v Secretary of State for the Home Department is a prime example of such a case. The facts are simple. The US sought from the UK the extradition of Mr Hafeez, the alleged leader of an international crime syndicate and so-called “Sultan of drugs”. Unsurprisingly, Mr Hafeez resisted that motion, claiming that were he to be extradited, he would in all likelihood be sentenced to life without parole in the US, which would breach his rights under the ECHR. The UK, he argued, would be complicit in breaching his rights were it to proceed with the extradition. The High Court was to determine whether this was in fact the case.’

Full Story

UK Constitutional Law Association, 3rd April 2020

Source: ukconstitutionallaw.org

Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian

‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’

Full Story

The Guardian, 1st March 2020

Source: www.theguardian.com

Rebecca Hill examines the key legal themes in Extradition Proceedings from 2019 – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, news by sally

‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’

Full Story

5 SAH, 21st February 2020

Source: www.5sah.co.uk

Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

Full Story

5 SAH, 20th February 2020

Source: www.5sah.co.uk

5SAH Extradition and International update: February 2020 – 5SAH

Posted February 20th, 2020 in brexit, chambers articles, extradition, Ireland, news by sally

‘Welcome to our February 2020, 5SAH Extradition and International quarterly newsletter. We are pleased to present a variety of articles from our team of specialist extradition and international law barristers.’

Full Story

5SAH, 13th February 2020

Source: www.5sah.co.uk

Extradited killer jailed for murdering wife and daughters – BBC News

Posted February 6th, 2020 in domestic violence, extradition, murder, news, sentencing by sally

‘An abusive husband who fled the country after murdering his estranged wife and their two daughters has been jailed.’

Full Story

BBC News, 6th February 2020

Source: www.bbc.co.uk

Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian

‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’

Full Story

The Guardian, 12th December 2019

Source: www.theguardian.com

Extradition and International update: December 2019 – 5SAH

Posted December 10th, 2019 in EC law, extradition, news, transfer of prisoners, warrants by sally

‘The newsletter features the following articles:

Natasha Draycott:Transfer of sentence from the UK;
Gemma Rose: Provides a case law update on the Public Prosecutor – A ‘judicial authority’?
Louisa Collins: Westminster Rejects Extradition to Nigeria.
Ben Keith & Louisa Collins: 5SAH EXTRADITION: An Introduction for Chambers and Partners.’

Full Story

5SAH, December 2019

Source: 5sah.cmail19.com

Romanian man pleads guilty to murder of Valerie Graves six years after she was bludgeoned to death with hammer – Daily Telegraph

Posted November 11th, 2019 in burglary, extradition, guilty pleas, murder, news, sentencing by sally

‘Romanian man has pleaded guilty to the murder of an artist nearly six years after she was bludgeoned to death while house-sitting for wealthy friends.’

Full Story

Daily Telegraph, 11th November 2019

Source: www.telegraph.co.uk

Julian Assange: Judge refuses to delay extradition hearing – BBC News

Posted October 22nd, 2019 in extradition, news, stay of proceedings by tracey

‘A judge in London has rejected Julian Assange’s attempt to delay his US extradition case.’

Full Story

BBC News, 21st October 2019

Source: www.bbc.co.uk

UK couple ‘had 11-year-old son stabbed to death to claim £150,000 insurance payout’ – The Independent

Posted October 18th, 2019 in adoption, children, extradition, India, insurance, murder, news by tracey

‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’

Full Story

The Independent, 17th October 2019

Source: www.independent.co.uk

CPS could and should have extradited paedophile music teacher – The Guardian

‘The Crown Prosecution Service (CPS) could and should have extradited a paedophile music teacher suspected of grooming and sexually abusing a string of girls at a school in Manchester, the independent inquiry into child sexual abuse has heard.’

Full Story

The Guardian, 30th September 2019

Source: www.theguardian.com

Banker’s wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges – Daily Telegraph

‘A banker’s wife who spent £16million during a series of shopping sprees in Harrods has escaped extradition back to Azerbaijan on fraud charges.’

Full Story

Daily Telegraph, 26th September 2019

Source: www.telegraph.co.uk

Julian Assange to stay in prison over absconding fears – BBC News

‘Wikileaks co-founder Julian Assange is to remain in prison when his jail term ends because of his “history of absconding”, a judge has ruled’

Full Story

BBC News, 13th September 2019

Source: www.bbc.co.uk