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EXTRADITION AND MUTUAL ASSISTANCE

EXTRADITION AND MUTUAL ASSISTANCE. Julian B. Knowles. EXTRADITION. Extradition governed by Extradition Act 2003 USA is a Category 2 country: extradition governed by Part 2 of the EA 2003 No requirement for USA to adduce any evidence

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EXTRADITION AND MUTUAL ASSISTANCE

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  1. EXTRADITION AND MUTUAL ASSISTANCE Julian B. Knowles

  2. EXTRADITION • Extradition governed by Extradition Act 2003 • USA is a Category 2 country: extradition governed by Part 2 of the EA 2003 • No requirement for USA to adduce any evidence • Allegations of criminal conduct which, if committed in the UK, would be punishable by more than 12 months imprisonment are sufficient

  3. Bars to extradition • EA 2003 provides various bars to extradition in ss 79-83A including delay, and political requests • S 83A provides a new bar to extradition where the UK would be a more appropriate forum for trial (the ‘NatWest 3 exception’) • No extradition where return would violate Convention rights

  4. Mutual Assistance • UK and US can assist each other in criminal investigations • Requests to UK must be from a body recognised by Secretary of State as having the functions of making requests • Requests must relate to criminal proceedings or investigations

  5. Forms of assistance • Wide powers available including: • Evidence on oath before a court including production of documents • Production orders including for sensitive material • Search warrants • (In the future) banking information

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