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    Law of extradition and mutual assistance
    Nicholls, Montgomery, and Knowles on the law of extradition and mutual assistance / Clive Nicholls, QC; Clare Montgomery, QC; Julian B. Knowles, QC; Anand Doobay, Mark Summers.

    • Title:[Law of extradition and mutual assistance]
      Nicholls, Montgomery, and Knowles on the law of extradition and mutual assistance / Clive Nicholls, QC; Clare Montgomery, QC; Julian B. Knowles, QC; Anand Doobay, Mark Summers.
    •    
    • Author/Creator:Nicholls, Clive.
    • Other Contributors/Collections:Montgomery, Clare.
      Knowles, Julian B.
      Doobay, Anand.
      Summers, Mark.
    • Published/Created:Oxford, United Kingdom : Oxford University Press, 2013.
    • Holdings

       
    • Library of Congress Subjects:Extradition--Great Britain.
      Extradition.
      Judicial assistance.
    • Edition:Third edition.
    • Description:lxi, 813 pages ; 26 cm
    • Notes:Includes bibliographical references and index.
    • ISBN:9780199692811
      0199692815
    • Contents:Machine generated contents note: 1. Introduction and Overview
      A. Definition of Extradition
      B. History of Extradition Legislation in the UK
      C. Background to the Enactment of the Extradition Act 2003
      D. Outline of the Extradition Act 2003
      E. Commencement Provisions
      F. Home Office Review of the UK's Extradition Arrangements 2011
      G. Extradition and the United States of America
      2. Liability to Extradition; Extradition Offences
      A. Liability to Extradition
      B. Extradition Offences
      3. Categorization of Territories; Territorial Scope of the Extradition Act 2003
      A. Categorization of Territories
      B. Jurisdictional Scope of the EA 2003; British Overseas Territories; The Republic of Ireland
      C. Return within the British Islands
      4. Initial Stages of the Extradition Process
      A. Introduction
      B. Arrest for the Purposes of Extradition
      C. Arrest and Detention of Extradition Defendants
      D. Legal Aid
      E. Bail
      F. Role of the Crown Prosecution Service in Extradition Proceedings
      G. Determination of Preliminary Issues
      H. Secretary of State's Role at the Beginning of the Extradition Process
      5. Extradition Hearing in Category 1 Cases
      A. Introduction
      B. Extradition Hearings under Part 1: A Summary
      C. Judge's Powers at the Extradition Hearing
      D. Burden and Standard of Proof
      E. Authentication of Documents
      F. Charges and Multiple Offences
      G. Is the Offence Specified in the Part 1 Warrant an Extradition Offence?
      H. Bars to Extradition
      I. Other Grounds for Refusing Extradition
      J. Competing Part 1 Warrants
      K. Deferral of Extradition Hearing for Domestic Proceedings
      L. Costs
      6. Extradition Hearing in Category 2 Cases
      A. Introduction
      B. Extradition Hearings under Part 2: A Summary
      C. Judge's Powers at the Extradition Hearing
      D. Burden and Standard of Proof
      E. Authentication
      F. Initial Stages of the Extradition Hearing
      G. English Charges and Multiple Offences
      H. Is the Offence in the Request an Extradition Offence?
      I. Bars to Extradition
      J. Prima Facie Evidence
      K. Convictions in Absence
      L. Human Rights
      M. Other Bars to Extradition
      N. Deferral of Proceedings under Part 2
      O. Costs
      7. Extradition and Human Rights
      A. Introduction
      B. Outline of the Human Rights Act 1998
      C. Extradition and Convention Rights
      8. Role of the Secretary of State; Deferral of Extradition
      A. Introduction
      B. Secretary of State's Decision after the Extradition Hearing under Part 2
      C. Secretary of State's Decision
      D. Competing Extradition Claims and Deferral of Extradition
      E. Asylum Claims
      9. Appeals
      A. Introduction
      B. Time Limits for Instituting a Statutory Appeal
      C. Appeals in Category 1 Cases
      D. Appeals in Category 2 Cases
      E. Remedies After the Appeals Process Has Concluded
      10. Time for Extradition
      A. Introduction
      B. Time for Extradition in Part 1 Cases
      C. Time for Extradition in Part 2 Cases
      11. Consent to Extradition; Withdrawal of Claims for Extradition
      A. Introduction
      B. Consent to Extradition
      C. Withdrawal of the Claim for Extradition
      12. Return to the United Kingdom
      A. Introduction
      B. Extradition from Category 1 Territories
      C. Extradition from Category 2 Territories
      D. Disguised Extradition
      E. Claiming Specialty Protection in the UK
      F. General Provisions Relating to Return to the UK
      G. Return of Persons to the UK to Serve the Remainder of their Sentences
      H. Crediting Time Served in Custody Abroad Awaiting Extradition to the UK
      13. Police Powers in Extradition Cases
      A. Introduction
      B. Outline of Part 4 of the EA 2003
      C. Codes of Practice
      D. Search and Seizure Warrants and Production Orders
      E. Search and Seizure Without a Warrant
      F. Treatment After Arrest
      G. Delivery of Seized Property to the Requesting State
      14. Post-surrender Matters
      A. Introduction
      B. Consent to Prosecution for Further Offences
      C. Consent to Re-extradition
      D. Re-extradition of Prisoners Who Have Served their Sentence
      15. European Arrest Warrant
      A. Introduction
      B. EAW Scheme
      C. Offences Covered by the EAW Scheme
      D. Limitations on Surrender
      16. Extradition to International Criminal Tribunals
      A. Introduction
      B. Extradition to the ICTY
      C. Extradition to the ICTR
      D. Extradition to the ICC
      17. Introduction to International Cooperation in Criminal Matters
      A. Introduction
      B. History of Cooperation in Criminal Matters
      C. UK Mutual Assistance Legislation in Outline
      D. UK Central Authority
      E. Serious Organised Crime Agency
      F. Letters of Request and Commissions Rogatoires
      18. UK Requests to Foreign States for Assistance
      A. Requests to Foreign States for Assistance in Obtaining Evidence
      B. Hearing Witnesses Abroad by Television Link
      C. Requests to Foreign States to Freeze Evidence
      D. Requests for Foreign Bank Information
      19. Requests by Foreign States to the UK for Assistance in Providing Evidence
      A. Introduction
      B. Requests from Foreign States for Assistance in Obtaining Evidence
      C. Overseas Requests to Freeze Evidence in the UK
      D. Requests for UK Bank Transaction Information
      20. Cross-border Surveillance
      A. Introduction
      B. Surveillance in the UK by Foreign Officers
      21. International Information Systems and Mutual Legal Assistance Institutions
      A. Introduction
      B. European Information Systems
      C. Provisions of CICA 2003 Relating to European Information Systems
      D. International Criminal Police Organization (Interpol)
      22. Mutual Assistance in the Service of Process
      A. Service of UK Process Overseas
      B. Service of Overseas Process in the UK
      23. Mutual Recognition of Driving Disqualifications within the European Union
      A. Introduction
      B. Convention on Driving Disqualifications in Outline
      C. Implementation of the Convention in UK Law
      D. Mutual Recognition of Disqualifications within the UK
      24. Transfer of Prisoners to and from the UK for the Purpose of Giving Evidence and Assisting Investigations
      A. Introduction
      B. Transfer of UK Prisoners Overseas
      C. Transfer of Prisoners from Abroad to the UK
      25. Mutual Legal Assistance in Relation to Confiscation and Forfeiture
      A. Introduction
      B. Requests by the UK for Assistance in Relation to Restraint and Confiscation
      C. Foreign Requests to the UK for Assistance with Restraint, Confiscation, and Forfeiture
      D. Mutual Assistance in Relation to Forfeiture
      E. Freezing Orders in Relation to Terrorist Property
      F. Mutual Enforcement within the UK
      Extradition Appendices
      E1. Extradition Act 1870
      E2. Extradition Act 1989
      E3. Extradition Act 2003
      E4. European Arrest Warrant (EAW) Framework Decision
      E5. Category 1 and Category 2 territories: Territories designated for the purposes of the EA 2003
      E6. European Convention on Extradition
      Mutual Assistance Appendices
      M1. Crime (International Co-operation) Act 2003
      M2. Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
      M3. Requests for Mutual Legal Assistance in Criminal Matters Guidelines for Authorities Outside of the United Kingdom (10th edn, September 2012).
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