Download A Practical Guide to Extradition Law Post-Brexit Ipad

2. Download A Practical Guide to Extradition Law Post-Brexit Ipad

4. Description On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement (8216the TCA8217), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020.The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated.In 8216A Practical Guide to Extradition Law Post-Brexit8217, the members of Temple Garden Chambers8217 extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 (8216the 2003 Act8217) in this new era, highlighting areas of likely continuity and change. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes.8220This book is timely, and practitioners will find it of great use 8230 it is well-researched, well-expressed, easy to follow and practical in its focus 8230 I commend it to all lawyers in the field.82218211 from the Foreword by the Right Honourable Sir Stephen IrwinABOUT THE AUTHORSThe Temple Garden Chambers extradition team bring an unrivalled wealth of experience prosecuting and defending extradition cases at all levels from the Magistrates8217 Court to the Supreme Court and the CJEU. Team members are highly ranked in Chambers and Partners and the Legal 500. Drawing on complementary expertise in domestic public law and international criminal law, they are excellently placed to guide you through the UK8217s extradition law and practice post-Brexit.CONTENTSIntroductionChapter One 8211 The Initial Hearing-Arrest under certified request/warrant-Provisional arrest-Requirements at the Initial Hearing- Consent to extradition-Case management-Bail-Outstanding domestic proceedings/sentence-Competing requests-Legal aidChapter Two 8211 The Extradition Hearing-District Judge8217s powers-Initial stages of the Extradition Hearing-Sufficiency of particulars-Identity (Part 2)-Whether the warrant was issued by a Judicial Authority (Part 1)-Extradition offence-Prima facie case (selected Part 2 countries)-Receivable evidence-Disclosure-Asylum claims-Procedure at the Extradition Hearing-Sending a case to the SSHD (Part 2)-Bail pending prosecution appeal-CostsChapter Three 8211 Bars to Extradition-Double Jeopardy-Absence of prosecution decision-Extraneous Considerations-Passage of time-Age-Hostage Taking considerations-Specialty-Earlier extradition to the United Kingdom-Forum-Convictions in absentia-Section 21 8211 Person unlawfully at large: human rights- Section 21A, Person not convicted: human rights and proportionality-Section 21B requests-Physical or Mental condition-Abuse of ProcessChapter Four 8211 Human Rights-Introduction-Article 2 ECHR-Article 3 ECHR-Article 5 ECHR-Article 6 ECHR-Article 8 ECHRChapter Five 8211 The Secretary of State8217s Role-Certification-Death penalty-Specialty-Earlier extradition to the United

5. Kingdom-Deferral of extradition-Competing claims-Time limitsChapter Six 8211 Appeals-Appeals by Requested Persons- Appeals by Requesting States-New issues and fresh evidence on appeal-Practical matters-Appeal to the Supreme Court-Appeal to the ECtHR-Challenges outside the statutory appeals scheme-After extradition is ordered

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