Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court
Supreme Court, 10th July 2013
Supreme Court, 10th July 2013
“The Home Secretary has confirmed the UK will opt out of EU policing and criminal justice measures and seek to rejoin those that keep the UK safe.”
Home Office, 9th July 2013
Source: www.gov.uk/home-office
“An extradition treaty to pave the way for Abu Qatada’s removal from Britain
after a near decade-long saga has been approved by Parliament.”
Daily Telegraph, 21st June 2013
Source: www.telegraph.co.uk
“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
“British hackers who were behind a series of high profile cyber-attacks in 2011 have been sentenced.”
BBC News, 16th May 2013
Source: www.bbc.co.uk
“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”
UK Human Rights Blog, 21st April 2013
Source: www.ukhumanrightsblog.com
Extradtition, Deportation and Human Rights (PDF)
Edward Fitzgerald QC
Inner Temple Reader’s Lecture Series, 18th March 2013
Source: www.innertemple.org.uk
“Extraditing a UK-based terror suspect to an American ‘supermax’ high security prison would constitute ‘inhuman or degrading treatment’, the European court of human rights (ECHR) has ruled.”
The Guardian, 16th April 2013
Source: www.guardian.co.uk
“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”
The Guardian,
Source: www.guardian.co.uk
“The home secretary, Theresa May, is to close the door on future campaigns by those facing extradition such as that waged by the computer hacker, Gary McKinnon, by changing the law.”
The Guardian, 6th February 2013
Source: www.guardian.co.uk
“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
Radu (Case C-396/11); [2013] WLR (D) 28
“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
Zakrzewski v District Court in Torun, Poland [2013] UKSC 2; [2013] WLR (D) 18
“Where the information set out by the requesting state in an European arrest warrant had correctly specified ‘the sentence . . . imposed’ on the convicted person whose extradition it sought, as required by section 2(6)(e) of the Extradition Act 2003, but the courts in that state had subsequently aggregated the sentences so that he was to serve a different, albeit lesser, sentence than that stated in the information, the warrant remained valid and the person could be extradited.”
WLR Daily, 23rd January 2013
Source: www.iclr.co.uk
Supreme Court, 23rd January 2013
“A child rapist brought back from the US after more than 20 years on the run has been jailed for 16 years.”
BBC News, 10th January 2013
Source: www.bbc.co.uk
“A UK-based terror suspect has failed in his bid to stop his extradition to the US after the European Court of Human Rights threw his case out.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
“For Richard O’Dwyer, the extradition battle to decide his fate started with a knock on the door of his student room at dawn on a chill November morning in 2010 – and ended almost exactly two years later with a tweet, fresh from court.”
The Guardian, 28th November 2012
Source: www.guardian.co.uk
“A student facing trial and possible imprisonment in the United States has struck a deal to avoid extradition, the High Court has been told.”
BBC News, 28th November 2012
Source: www.bbc.co.uk