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17 September 2015
Issue: 7668 / Categories: Legal News
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US wins extradition argument

The US government has succeeded in its judicial review against a decision to bar the extradition of a doctor accused of child rape.

In January, Westminster magistrates held that Tobias Bowen’s Art 5 right to liberty under the European Convention on Human Rights (ECHR) would be at risk if he were extradited. New York state law provides for “civil commitment” of sexual offenders after they complete their sentence if they are considered still dangerous and suffering from a predisposition to repeat sexual offending.

Bowen, who has joint US/Liberian citizenship, was tracked by detectives working with the US Marshals Fugitive Task Force to the Netherlands and then to Heathrow Airport, where he was taken into custody.

Allowing the appeal, in Government of the US v Tobias Bowen [2015] EWHC 1873 (Admin), Lord Justice Burnett said: “We are satisfied that the New York process by which a civil commitment order may be made under Art 10 would be consistent with Art 5 ECHR if enacted in an ECHR state.

“In concluding that the Art 10 process could lead to the commitment of someone who was not of ‘unsound mind’ within the meaning of Art 5.1(e) the judge placed too much weight on the opinions of [an expert for the respondent] and gave insufficient attention to the strict requirements of Art 10… The New York law provides that before such a finding can be made there is a proper assessment and review of the offender by mental health professionals and psychiatrists.”

Issue: 7668 / Categories: Legal News
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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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