Outputs (50)

The forum bar to extradition in Scotland. (2020)
Journal Article
ARNELL, P. 2020. The forum bar to extradition in Scotland. Scots law times [online], 2020(22), pages 139-141. Available from: http://westlaw.co.uk

Discusses Craig (James) v HM Advocate (HCJ Appeal), refusing an appeal by a UK resident, who was the subject of an extradition request by the US government, against a sheriff's decision to order his extradition, notwithstanding the illegality of the... Read More about The forum bar to extradition in Scotland..

The legality of the citizenship deprivation of UK foreign terrorist fighters. (2020)
Journal Article
ARNELL, P. 2020. The legality of the citizenship deprivation of UK foreign terrorist fighters. ERA-forum [online], 21(3), pages 395-412. Available from: https://doi.org/10.1007/s12027-020-00615-9

Citizenship deprivation of foreign terrorist fighters by the United Kingdom is increasing. This is of debatable legality under international law on five separate grounds. First, the UK is arguably wrong in claiming that an extraterritorial deprivatio... Read More about The legality of the citizenship deprivation of UK foreign terrorist fighters..

The forum bar in UK extradition law: an unnecessary failure. (2020)
Journal Article
ARNELL, P. and DAVIES, G. 2020. The forum bar in UK extradition law: an unnecessary failure. Journal of criminal law [online], 84(2), pages 142-162. Available from: https://doi.org/10.1177/0022018320902544

The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limi... Read More about The forum bar in UK extradition law: an unnecessary failure..

India-UK extradition law and practice: the case for reform. (2019)
Journal Article
ARNELL, P. 2020. India-UK extradition law and practice: the case for reform. Commonwealth law bulletin [online], 45(3), pages 411-430. Available from: https://doi.org/10.1080/03050718.2020.1733034

India–UK extradition law and practice need reform. This is particularly acute in rendition of persons from the UK to India. Leading cases including those of Vijay Mallya, Nirav Modi and Sanjeev Chawla evidence the need. The scale, nature and fate of... Read More about India-UK extradition law and practice: the case for reform..

Extradition, Taiwan and the speciality principle. (2019)
Journal Article
ARNELL, P. 2019. Extradition, Taiwan and the speciality principle. Scots law times [online], 2019(25), pages 89-92. Available from: http://westlaw.co.uk

Discusses Dean (Zain Taj) v Lord Advocate (HCJ Appeal) on the speciality rule in the Extradition Act 2003 s.95, and the compatibility of a UK-Taiwan memorandum of understanding with s.95.

Extradition and the Polish judiciary. (2019)
Journal Article
ARNELL, P. 2019. Extradition and the Polish judiciary. Scots law times [online], 2019(18), pages 53-55. Available from: http://westlaw.co.uk

This article discusses the rulings in Circuit Court of Warszawa-Praga v Maciejec (Sh Ct) and Regional Court in Bielsko-Biala, Poland v Charyszyn (Ch Ct) in which Polish nationals, subject to extradition order requests, argued that there was the appea... Read More about Extradition and the Polish judiciary..

Extradition and mental health in UK law. (2019)
Journal Article
ARNELL, P. 2019. Extradition and mental health in UK law. Criminal law forum [online], 30(3), pages 339-372. Available from: https://doi.org/10.1007/s10609-019-09369-7

The response of UK extradition law and practice to requested persons presenting with mental health disorders is multi-faceted and unnecessarily complex. There are a number of reasons for this. They centre upon the law failing to adequately recognise... Read More about Extradition and mental health in UK law..

What an extradition hearing is and why it matters. (2018)
Journal Article
ARNELL, P. 2018. What an extradition hearing is and why it matters. Juridical review [online], 4, pages 250-268. Available from: http://westlaw.co.uk

Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of the significance of extraditi... Read More about What an extradition hearing is and why it matters..

The contrasting evolution of the right to a fair trial in UK extradition law. (2018)
Journal Article
ARNELL, P. 2018. The contrasting evolution of the right to a fair trial in UK extradition law. International journal of human rights [online], 22(7), pages 869-887. Available from: https://doi.org/10.1080/13642987.2018.1485655

Extradition is a process whereby accused and convicted persons are lawfully transferred across borders from one territory to another. It is unquestionably important. It serves material public purposes. Lord Thomas in Polish Judicial Authorities v Cel... Read More about The contrasting evolution of the right to a fair trial in UK extradition law..

Extradition in the sheriff court. (2018)
Journal Article
ARNELL, P. 2018. Extradition in the sheriff court. Scots law times [online], 2018(10), pages 33-35. Available from: https://login.westlaw.co.uk/

Examines recent developments in respect of extradition practice, focusing on the Sheriff Court decisions in: Lord Advocate v SN, involving a person suffering from dementia; Lord Advocate v Shapovalov, involving the applicability of statements of unco... Read More about Extradition in the sheriff court..