All 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..

The case of Lauri Love. (2018)
Journal Article
ARNELL, P. 2018. The case of Lauri Love. Criminal law and justice weekly [online], 182(8), pages 136-137. Available from: https://www.lexisnexis.com/uk/legal/

Dr Paul Arnell writes on the the Forum Bar and Oppression in Extradition. On February 5, the High Court upheld Lauri Love's appeal against extradition to the US (Love v. US [2018] EWHC 172 (Admin)). His extradition had been ordered by the Home Secret... Read More about The case of Lauri Love..

Extradition and mental health. (2017)
Journal Article
ARNELL, P. and HENDERSON, S. 2017. Extradition and mental health. Criminal law and justice weekly [online], 181(40), pages 712-714. Available from: https://www.lexisnexis.com/uk/legal/

The extradition of Lauri Love is in the balance. It is yet another high profile case involving extradition and mental health. The case is an illustration of how Asperger's Syndrome and the internet can conspire to engender circumstances with grave co... Read More about Extradition and mental health..

The wheels of justice in extradition. (2017)
Journal Article
ARNELL, P. 2017. The wheels of justice in extradition. Scots law times [online], 2017(26), pages 143-146. Available from: http://login.westlaw.co.uk

Reports on recent extradition cases, namely: Dean (Zain Taj) v Lord Advocate (SC) on whether the extradition of a UK citizen to Taiwan to serve a custodial sentence would give rise to a breach of his rights under ECHR art.3 due to the perceived risk... Read More about The wheels of justice in extradition..

The continuing tension between human rights and extradition. (2016)
Journal Article
ARNELL, P. 2016. The continuing tension between human rights and extradition. Scots law times [online], 2016(40), pages 211-214. Available from: http://login.westlaw.co.uk

Examines the High Court of Justiciary ruling in Dean (Zain Taj) v Lord Advocate refusing leave to appeal a High Court decision to allow an appeal by a British national under the Extradition Act 2003 s.103 against the Scottish Ministers' decision to o... Read More about The continuing tension between human rights and extradition..

The legality and propriety of the trials of Abu Hamza. (2016)
Journal Article
ARNELL, P. 2016. The legality and propriety of the trials of Abu Hamza. Bergen journal of criminal law and criminal justice [online], 4(2), pages 196-219. Available from: https://doi.org/10.15845/bjclcj.v4i2.1066

Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the UK and US acted lawfully under... Read More about The legality and propriety of the trials of Abu Hamza..

The migrant crisis and refugee law in Scotland. (2016)
Journal Article
ARNELL, P. and LEWIS, O. 2016. The migrant crisis and refugee law in Scotland. SCOLAG legal journal, 466, page 152-155.

In October 2015 the world's media carried an image of a dead young boy lying face down on a beach in Greece. He had died in an effort to come to Europe.1 The photograph sparked international outcry. Amongst the political responses to the development... Read More about The migrant crisis and refugee law in Scotland..

Challenges to prosecutorial discretion. (2016)
Journal Article
ARNELL, P. and SHARP, L. 2016. Challenges to prosecutorial discretion. Scots law times [online], 2016(21), pages 113-115. Available from: http://westlaw.co.uk

Considers challenges to prosecutorial discretion in light of the ECtHR decision in Da Silva v United Kingdom (5878/08) on whether UK authorities had failed, under ECHR art.2, to conduct an effective investigation into the fatal shooting by police off... Read More about Challenges to prosecutorial discretion..

Lessons from the case of Abu Hamza. (2015)
Journal Article
ARNELL, P. 2015. Lessons from the case of Abu Hamza. Criminal law and justice weekly [online], 179(35), pages 709-710. Available from: https://www.lexisnexis.com/uk/legal/

UK national and resident Abu Hamza was sentenced to life imprisonment in early 2015 by Manhattan Federal Court for various terrorist-related offences. His US sentencing hearing was the most recent in a long-running series of 10 separate cases. One re... Read More about Lessons from the case of Abu Hamza..

The Effect of the Bribery Act 2010. (2015)
Journal Article
ARNELL, P. and EVANS, N. 2015. The Effect of the Bribery Act 2010. Juridical review [online], 2, pages 167-183. Available from: https://www.westlaw.co.uk

Analyses six key effects of the Bribery Act 2010, looking at how the practices adopted in Scotland and the rest of the UK differ. Considers: (1) changes to the substantive law; (2) Ministry of Justice guidance and corporate compliance programmes; (3... Read More about The Effect of the Bribery Act 2010..

Extradition, the forum bar and transnational drug trafficking. (2014)
Journal Article
ARNELL, P. 2014. Extradition, the forum bar and transnational drug trafficking. Criminal law and justice weekly [online], 178(42), pages 623-624. Available from: https://www.lexisnexis.com/uk/legal/

Concerns have been expressed over what are perceived as insufficient safeguards in UK law to protect persons amenable to concurrent criminal jurisdiction. These were particularly forceful where an accused person had material links to the UK. The Crim... Read More about Extradition, the forum bar and transnational drug trafficking..