Contents
Terms of Reference
Summary
Chapter 1: Introduction
Extradition: general principles
The Extradition Act 2003
Part 1 and Part 2 of the 2003 Act
Extradition process: an overview
Bars to extradition
Amendments to the 2003 Act
Previous inquiries
Box 1: Sir Scott Baker's review
of extradition
The inquiry
Chapter 2: Human Rights Bar and Assurances
Box 2: Article 3 of the ECHR
Box 3: Article 8 of the ECHR
Box 4: Articles 5 and 6 of the ECHR
Consideration by the courts
Assurances
Monitoring of assurances
Chapter 3: Proportionality
Table 1: EAWs received by England, Wales
and Northern Ireland
Amendments to the 2003 Act
Proportionality check
Criticisms of the proportionality bar
Additional litigation
Restriction to accusation cases
Applicability to Part 2 cases
Table 2: Number of requests made by Part
2 countries
Article 8 considerations
Proportionality and the Issuing State
Table 3: EAW requests received by England,
Wales and Northern Ireland (10 highest issuing states)
Compliance with EU legislation
Chapter 4: Forum
Prosecutors' decisions in concurrent cases
Box 6: DPP's guidelines for concurrent
cases: principles to be applied
Forum bar
Box 7: Forum bar under the EAW
Criticisms of the forum bar
Box 8: Interests of justice test
Forum under Article 8
Extradition of own nationals
Chapter 5: Extradition and Other Areas of
Law
Extradition and sensitive material
Background and size of problem
Possible solutions
Family Court proceedings
Child abduction
Trafficking
Chapter 6: Legal Advice, Legal Aid and Expert
Evidence
Box 9: Duty solicitor rota and "ticketing"
Legal aid
Cost-benefit considerations
Table 4: Estimate Annual Costs & Savings
Table
Legal aid application process
Delays to court proceedings
Extradition as a particular case
Dual representation
Expert evidence
Chapter 7: Right to Appeal and the Role of
the Home Secretary
Criticism
Role of the Home Secretary
Political involvement
Simplify the process
Removing a safeguard
Chapter 8: Changes to Practice
Video evidence
Return on bail
Transfer of sentences
Information about the extradition process
Conditions in transit to Issuing State
Other matters
Accommodation in the Issuing State
Chapter 9: European Arrest Warrant
Arguments in favour of the EAW
Criticisms of the EAW
Mutual recognition
Misuse
Sovereignty
Reforming the EAW
Rights of the individual
Opting-back in to the EAW
UK domestic reform
Alternatives to the EAW
Chapter 10: Part 2 Countries
Designation
European Convention on Extradition (ECE)
Review of designations
Prima facie requirement
Box 10: Prima facie case
Countries with no extradition arrangements
Chapter 11: UK/US Extradition
UK/US Extradition Treaty 2003
Evidentiary tests
Table 5: Evidence requirements in UK/US extradition
Aspects of the US justice system
Differences in prosecutorial cultures
Summary of Conclusions and Recommendations
Appendix 1: List of Members and Declarations
of Interest
Appendix 2: List of Witnesses
Appendix 3: Call for Evidence
Appendix 4: Glossary of Terms and Abbreviations
Appendix 5: Case Summaries
Appendix 6: Criminal Procedure Measures
Appendix 7: Designations
Evidence is published online at http://www.parliament.uk/extradition-law and
available for inspection at the Parliamentary Archives (020 7219
3074).
Q in footnotes refers to a question in oral evidence.
| 
