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The forum bar in UK extradition law: an unnecessary failure.

Arnell, Paul; Davies, Gemma

Authors

Paul Arnell

Gemma Davies



Abstract

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 limited and optional prosecutorial input into forum bar decisions and, more fundamentally, because it is founded upon two misplaced premises. The forum bar is irredeemable and should be repealed.

Journal Article Type Article
Publication Date Apr 1, 2020
Journal Journal of criminal law
Print ISSN 0022-0183
Electronic ISSN 1740-5580
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 84
Issue 2
Pages 142-162
Institution Citation 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
DOI https://doi.org/10.1177/0022018320902544
Keywords Allocation of jurisdiction; Bars to extradition; Criminal procedure; Jurisprudence; Legal history

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