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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Extradition

BH (AP) and another v Lord Advocate and another (Scotland); KAS or H (AP) v Lord Advocate and another (Scotland) [2012] UKSC 24, [2012] All ER (D) 126 (Jun)

The approach adopted to Art 8 rights in extradition cases did not have to be radically different from that adopted in deportation or expulsion cases. The public interest in giving effect to a request for extradition was a constant factor in cases of that kind. Great weight would always have to be given to it, and the more serious the offence the greater would be that weight. The question, so far as the Art 8 right was concerned, was the same in both cases. Even in decisions concerning separation of parents from their children for deportation, detention or imprisonment, the best interests of the child had to be a primary consideration. The starting point was to assess whether the children’s best interests were outweighed by the strength of any other considerations. However, that did not require the decision-taker always to examine the interest of the children at the very

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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