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.’

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The Independent, 8th September 2020

Source: www.independent.co.uk

Judge highlights open justice benefits of telephone hearings – Litigation Futures

Posted September 7th, 2020 in bail, coronavirus, extradition, judges, news, remote hearings, telephone hearings by sally

‘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.’

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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.’

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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.’

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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.’

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The Guardian, 20th August 2020

Source: www.theguardian.com

36 Crime Criminal Updates – The 36 Group

Posted July 30th, 2020 in coronavirus, extradition, food hygiene, fraud, health & safety, news by sally

‘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.’

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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.’

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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.’

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BBC News, 22nd July 2020

Source: www.bbc.co.uk

Jack Shepherd: Speedboat killer has sentence reduced – BBC News

Posted July 17th, 2020 in appeals, bail, extradition, homicide, negligence, news, wounding by sally

‘Speedboat killer Jack Shepherd has had his sentence reduced by almost three months by appeal judges.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

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?’

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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.’

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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.’

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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.’

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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.’

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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?’

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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.’

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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.’

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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.’

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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.’

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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.’

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5SAH, 13th February 2020

Source: www.5sah.co.uk