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24 January 2025 / George Hepburne Scott
Issue: 8101 / Categories: Features , Extradition , Criminal
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Stepping into a foreign judge’s shoes?

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To what extent can an English extradition court take account of the prospect of early release overseas? George Hepburne Scott calls for clarity
  • Recent High Court extradition appeal decisions have considered the prospective application of discretionary early release in foreign jurisdictions and the impact this can or ought to have upon the weight to be attached to the public interest in extradition in the cases under consideration.
  • There has been an apparent lack of consensus among High Court judges on this issue, such that a test case has now been granted permission to appeal to the Supreme Court.

An interesting aspect of extradition law is the consideration of the legal systems of foreign jurisdictions. This is most frequently done by reference to the dual-criminality test under ss 64 and 65 of the Extradition Act 2003—whereby the conduct for which extradition is sought (either through an accusation or a conviction) must also constitute a crime in England and Wales (‘the conduct test’).

However, other considerations of

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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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