All Outputs (52)

The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24). (2024)
Journal Article
ARNELL, P. 2024 The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24). Scots law times [online], 39, pages 277-279. Available from: https://uk.westlaw.com

This case comment considers extraditions from the UK to the EU post-Brexit, focusing on Execution of European Arrest Warrants against MA (C-202/24) (ECJ), a request for a preliminary ruling on the conditions under which arrest warrants issued by the... Read More about The demise of mutual trust: UK-EU extradition post-Brexit: execution of European arrest warrants against MA (Alchaster Case) (C-202/24)..

The resurrection of the political offence exception to extradition in UK law. (2024)
Journal Article
ARNELL, P. and WALKER, C. 2024. The resurrection of the political offence exception to extradition in UK law. New journal of European criminal law [online], 15(4), pages 412-431. Available from: https://doi.org/10.1177/20322844241290613

The resurrection of the political offence exception to extradition in UK law would be worthwhile. Once providing protection to persons sought for offences of a political character, the exception was removed from UK law in 2004. A number of factors we... Read More about The resurrection of the political offence exception to extradition in UK law..

Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. (2024)
Journal Article
ARNELL, P. 2024. Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea. Asia Pacific law review [online], 32(2), pages 549-553. Available from: https://doi.org/10.1080/10192557.2024.2323811

Extraterritorial criminal jurisdiction is a seemingly novel, arcane subject. Belgium's efforts in relatively recent years to try and punish persons accused of some of the most serious crimes may help create this impression. It is, however, only parti... Read More about Extraterritoriality in East Asia: extraterritorial criminal jurisdiction in China, Japan, and South Korea..

The Charities (Regulation and Administration) (Scotland) Act 2023. (2024)
Journal Article
ILOKA, U. and ARNELL, P. 2024. The Charities (Regulation and Administration) (Scotland) Act 2023. Scots law times [online], 2024(8), pages 33-35. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Charities (Regulation and Administration) (Scotland) Act 2023 which amends the Charities and Trustee Investment (Scotland) Act 2005 to enhance transparency, and strengthen the regulation, of cha... Read More about The Charities (Regulation and Administration) (Scotland) Act 2023..

The extradition of Mike Lynch: should the forum bar be amended? (2024)
Journal Article
ARNELL, P. and DAVIES, G. 2024. The extradition of Mike Lynch: should the forum bar be amended? Criminal law review [online], 2024(2), pages 104-111. Available from: https://uk.westlaw.com

Discusses the extradition of Mike Lynch to the US to face charges of wire fraud, conspiracy to commit wire fraud and securities fraud, for overinflating the value of a software company, and the arguments that the extradition should have been barred o... Read More about The extradition of Mike Lynch: should the forum bar be amended?.

International crimes in United Kingdom and Japanese law and practice. (2023)
Journal Article
ARNELL, P. and KAWAI, T. 2023. International crimes in United Kingdom and Japanese law and practice. Nihon University comparative law, 39, pages 89-103. Available from: https://tinyurl.com/39ejnjtp

The incorporation and application of international criminal law by states is critical if the gravest acts are to be deterred and punished. International law and institutions cannot alone meet the challenge of addressing these crimes. That the princip... Read More about International crimes in United Kingdom and Japanese law and practice..

The imposition of European Convention on Human Rights standards in extradition. (2023)
Journal Article
ARNELL, P. 2023. The imposition of European Convention on Human Rights standards in extradition. Scots law times [online], 2023(39), pages 221-223. Available from: http://legalresearch.westlaw.co.uk/

Discusses Morrow (Sarah Lynn) v HM Advocate (HCJ Appeal) refusing a US national leave to appeal against a decision that there was no bar to her extradition to stand trial in the US on charges of defrauding her former employer, finding that her rights... Read More about The imposition of European Convention on Human Rights standards in extradition..

The UK's Illegal Migration Bill: human rights violated. (2023)
Journal Article
ARNELL, P., LEWIS, O., KALOCSÁNYIOVÁ, E. and FORRESTER, A. 2023. The UK's Illegal Migration Bill: human rights violated. Medicine, science and law [online], 63(4), pages 267-269. Available from: https://doi.org/10.1177/00258024231186736

Stopping asylum seekers from arriving in the UK on small boats was one of the five key pledges made by Prime Minister Rishi Sunak in January 2023.1 An important facet of the attempt to meet that promise is the Illegal Migration Bill. Introduced in Ma... Read More about The UK's Illegal Migration Bill: human rights violated..

Group proceedings in Scotland. (2023)
Journal Article
MANTE, J. and ARNELL, P. 2023. Group proceedings in Scotland. Scots law times [online], 2023 (19), pages 93-96. Available from: https://uk.westlaw.com

From 31 July 2020 a new form of proceedings, group proceedings, have been available in the Court of Session. A group for this purpose comprises two or more individuals who each have a separate claim in the subject matter. Litigation has begun. Consid... Read More about Group proceedings in Scotland..

The threat to our human rights: the repeal of the Human Rights Act 1998. (2022)
Journal Article
ARNELL, P. 2022. The threat to our human rights: the repeal of the Human Rights Act 1998. Medicine, science and the law [online], 62(4), pages 248-250. Available from: https://doi.org/10.1177/00258024221111908

Human rights were introduced into the United Kingdom law over two decades ago. They were, it was said, brought home. The Human Rights Act 1998 (HRA) created binding and justiciable human rights for everyone within the jurisdiction of the country. UK... Read More about The threat to our human rights: the repeal of the Human Rights Act 1998..

The universality of human rights in UK extradition law. (2022)
Journal Article
ARNELL, P. 2022. The universality of human rights in UK extradition law. Transnational criminal law review [online], 1(1), pages 52-68. Available from: https://doi.org/10.22329/tclr.v1i1.7481

The question of the universality of human rights has arisen in the context of United Kingdom and European Court of Human Rights extradition jurisprudence. It is a consequence of the law requiring that all extraditions must be compatible with human ri... Read More about The universality of human rights in UK extradition law..

The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. (2022)
Journal Article
SEN, P., CROWLEY, G., ARNELL, P., KATONA, C., PILLAY, M., WATERMAN, L.Z. and FORRESTER, A. 2022. The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law. Medicine, science and the law, 62(3), pages 165-167. Available from: https://doi.org/10.1177/00258024221104163

The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individual... Read More about The UK's exportation of asylum obligations to Rwanda: a challenge to mental health, ethics and the law..

Assange, mental health and assurances in extradition. (2022)
Journal Article
ARNELL, P. and FORRESTER, A. 2022. Assange, mental health and assurances in extradition. Medico-legal journal [online], Online First. Available from: https://doi.org/10.1177/00258172221081708

Julian Assange is wanted by the United States so it can prosecute him for espionage and hacking. His extradition was barred on mental health grounds. That decision has been overturned. The English High Court has accepted US assurances detailing how h... Read More about Assange, mental health and assurances in extradition..

The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. (2022)
Journal Article
ARNELL, P. and FATUROTI, B. 2023. The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted. International review of law, computers and technology [online], 37(1), pages 29-51. Available from: https://doi.org/10.1080/13600869.2022.2061888

Cybercrime is a scourge that blights the lives of many around the globe. It has a significant transnational component. Despite established international and national regulation, its growth in scale and breadth persists. One result of which has been i... Read More about The prosecution of cybercrime: why transnational and extraterritorial jurisdiction should be resisted..

Extradition and the universality of human rights in Scotland. (2022)
Journal Article
ARNELL, P. 2022. Extradition and the universality of human rights in Scotland. Scots law times [online], 2022(11), pages 55-59. Available from: https://uk.westlaw.com

This article reviews the case law pertaining to human rights and extradition law, looking at whether the protection under ECHR art.3 applies equally within and outside the jurisdiction of state parties to the treaty and relativity in an extradition c... Read More about Extradition and the universality of human rights in Scotland..

Res judicata, oppression and abuse of process in Scots extradition law. (2021)
Journal Article
ARNELL, P. 2021. Res judicata, oppression and abuse of process in Scots extradition law. Scots law times [online], 2021(25), pages 94-96. Available from: https://uk.westlaw.com

This article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of t... Read More about Res judicata, oppression and abuse of process in Scots extradition law..

Charity law and public benefit in Scotland. (2021)
Journal Article
ILOKA, U. and ARNELL, P. 2021. Charity law and public benefit in Scotland. Scots law times [online], 2021(12), pages 52-54. Available from: https://westlaw.com

Discusses Office of the Scottish Charity Regulator v New Lanark Hotels Ltd (IH) on whether the Upper Tribunal had erred in concluding that a charity's trading subsidiaries should be entered on the Scottish Charities Register despite having activities... Read More about Charity law and public benefit in Scotland..

Extradition and mental health in the spotlight: the case of Julian Assange. (2021)
Journal Article
ARNELL, P. and FORRESTER, A. 2021. Extradition and mental health in the spotlight: the case of Julian Assange. Criminal behaviour and mental health [online], 31(2), pages 77-79. Available from: https://doi.org/10.1002/cbm.2195

Approximately 1000 persons are extradited from the UK every year. While this number may lessen on account of Brexit, it is clear that hundreds of individuals will be forcibly removed from the UK, both nationals and non-nationals, to stand trial or be... Read More about Extradition and mental health in the spotlight: the case of Julian Assange..

Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. (2021)
Journal Article
ARNELL, P., BOCK, S., DAVIES, G. and WÖRNER, L. 2021. Police cooperation and exchange of information under the EU-UK trade and cooperation agreement. New journal of European criminal law [online], 12(2), pages 265-276. Available from: https://doi.org/10.1177/2032284421995572

Brexit has led to a realignment of police cooperation and information exchange between the EU and the UK. This has been affected by Titles II-V and IX of Part III of the Trade and Cooperation Agreement. The terms governing the exchange of DNA, finger... Read More about Police cooperation and exchange of information under the EU-UK trade and cooperation agreement..

The new UK-EU extradition arrangements. (2021)
Journal Article
ARNELL, P. and DAVIES, G. 2021. The new UK-EU extradition arrangements. Scots law times [online], 2021(6), pages 21-23. Available from: http://westlaw.co.uk

Extradition requests to Scotland under the European Arrest Warrant (EAW) have ended. Existing from 1 January 2004 to 31 December 2020 the EAW transformed aspects of Scottish and UK extradition practice. In its stead is a new set of rules applying bet... Read More about The new UK-EU extradition arrangements..