header-logo header-logo

24 January 2025 / George Hepburne Scott
Issue: 8101 / Categories: Features , Extradition , Criminal
printer mail-detail

Stepping into a foreign judge’s shoes?

204788
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll