‘In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to the US for the prosecution of Shafee El Sheikh and Alexanda Kotey, without obtaining an assurance that the evidence would not be used in a death penalty trial, was unlawful. The consequences of this judgment, both generally and specifically for Mr El Sheikh and Mr Kotey, are unknown. Where does it leave the provision to the US of further material in relation to these two individuals? In what circumstances could the UK government truly claim to be satisfied that the transfer would be lawful? Only a careful reading of this judgment can assist, and even then such assistance may be limited.’
6KBW College Hill, 1st June 2020
Source: blog.6kbw.com
