Research Repository

See what's under the surface

Extradition and mental health in UK law.

Arnell, Paul

Authors

Paul Arnell p.arnell@rgu.ac.uk

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.

Journal Article Type Article
Publication Date Sep 30, 2019
Journal Criminal law forum
Print ISSN 1046-8374
Electronic ISSN 1572-9850
Publisher Springer (part of Springer Nature)
Peer Reviewed Peer Reviewed
Volume 30
Issue 3
Pages 339-372
Institution 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
DOI https://doi.org/10.1007/s10609-019-09369-7
Keywords Extradition; Mental health disorders; Deportation; Physical illness; UK law

Files




Downloadable Citations