All Outputs (44)

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..

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 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..

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..

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..

Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future. (2020)
Journal Article
DAVIES, G. and ARNELL, P. 2021. Extradition between the UK and Ireland after Brexit: understanding the best and present to prepare for the future. Journal of criminal law [online], 85(2): criminal justice cooperation between the UK and Ireland after Brexit, pages 98-120. Available from: https://doi.org/10.1177/0022018320977531

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Irela... Read More about Extradition between the UK and Ireland after Brexit: understanding the past and present to prepare for the future..

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..