APPENDIX 3: CALL FOR EVIDENCE
Select Committee on Extradition Law
The Select Committee on the Extradition Law was set
up on 12 June 2014. Its remit is "to consider and report
on the law and practice relating to extradition, in particular
the Extradition Act 2003". The Committee will therefore be
looking at the 2003 Act, to see whether it provides an effective
and just extradition procedure, but will also consider whether
the law and practice relating to extradition generally is satisfactory,
and whether the law, practice and procedure might need amending.
The Committee has to report by 5 March 2014.
This is a public call for written evidence to be
submitted to the Committee. The deadline is 12 September 2014.
General
1. Does the UK's extradition law provide just
outcomes?
· Is
the UK's extradition law too complex? If so, what is the impact
of this complexity on those whose extradition is sought?
2. Is extradition law fit for purpose in an era
of increasingly multi-jurisdictional crime?
3. To what extent is extradition used as a first
resort when prosecuting a crime committed in another jurisdiction?
Should greater use be made of other remedies?
European Arrest Warrant
4. On balance, has the European Arrest Warrant
(EAW) improved extradition arrangements between EU Member States?
· How
should the wording or implementation of the EAW be reformed?
· Are
standards of justice across the EU similar enough to make the
EAW an effective and just process for extradition?
· How
will post-Lisbon Treaty arrangements change the EAW scheme once
the UK opts back in to it?
Prima Facie Case
5. In circumstances where a prima facie
case is not required, do existing statutory bars (the human rights
bar, for instance) provide sufficient protection for requested
people?
· Are
there territories that ought to be designated as not requiring
a prima facie case to be made before extradition? What
rationale should govern such designation? What parliamentary oversight
of such designation ought there to be?
UK/US Extradition
6. Are the UK's extradition arrangements with
the US comparable to other territories that do not need to show
a prima facie case? If so, should the US nonetheless be
required to provide a prima facie case, and why?
· Sir Scott
Baker's 2011 'Review of the United Kingdom's Extradition Arrangements',
among other reviews, concluded that the evidentiary requirements
in the UK-US Treaty were broadly the same. However, are there
other factors which support the argument that the UK's extradition
arrangements with the US are unbalanced?
Political and Policy Implications of Extradition
7. What effect has the removal of the Home Secretary's
role in many aspects of the extradition process had on extradition
from the UK?
· To
what extent is it beneficial to have a political actor in the
extradition process, in order to take account of any diplomatic
consequences of judicial decisions?
8. To what extent are decisions of where to prosecute
certain crimes and whether to extradite influenced by broader
political, diplomatic or security considerations?
Human Rights Bar and Assurances
9. Is the human rights bar as worded in the Extradition
Act 2003, and as implemented by the courts, sufficient to protect
requested people's human rights?
10. Is the practice of accepting assurances from
requesting states to offset human rights concerns sufficiently
robust to ensure that requested people's rights are protected?
· What
factors should the courts take into account when considering assurances?
Do these factors receive adequate consideration at the moment?
· To what
extent is the implementation of assurances monitored? Who is or
should be responsible for such monitoring? What actions should
be taken in cases where assurances are not honoured?
Other Bars to Extradition
11. What will be the impact of the forum bar
brought into force under the Crime and Courts Act 2013?
12. What will be the impact of the proportionality
bar in relation to European Arrest Warrant applications recently
brought into force under the Anti-social Behaviour, Crime and
Policing Act 2014?
Right to Appeal and Legal Aid
13. To what extent have changes to the availability
of legal aid affected extradition practice, and the provision
of specialist legal advice to requested persons?
· What
has been the impact of the removal of the automatic right to appeal
extradition?
Devolution
14. Are the devolution settlements in Scotland
and Northern Ireland fit for purpose in this area of law?
· How
might further devolution or Scottish independence affect extradition
law and practice?
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