Extradition and mental health in UK law.

Arnell, Paul

Abstract

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 that mental health cases can give rise to concerns not present in physical health cases. The deficiencies of the law are found in the three applicable bars to extradition; oppression, human rights and forum. They also can be seen in the applicable rules of evidence and the practice of diplomatic assurances. The time has come for UK law to specifically and systematically respond to mental health disorders in the context of extradition.

Citation

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

• Journal Article Type: Article
• Acceptance Date: Mar 29, 2019
• Online Publication Date: Apr 12, 2019
• Publication Date: Sep 30, 2019
• Deposit Date: Apr 5, 2019
• Publicly Available Date: Apr 12, 2019
• Journal: Criminal law forum
• Print ISSN: 1046-8374
• Electronic ISSN: 1572-9850
• Publisher: Springer
• Peer Reviewed: Peer Reviewed
• Volume: 30
• Issue: 3
• Pages: 339-372
• DOI: https://doi.org/10.1007/s10609-019-09369-7
• Keywords: Extradition; Mental health disorders; Deportation; Physical illness; UK law
• Public URL: https://rgu-repository.worktribe.com/output/235553
• Contract Date: Apr 12, 2019