header-logo header-logo

US wins extradition argument

17 September 2015
Issue: 7668 / Categories: Legal News
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll