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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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