All Outputs (76)

Julian Assange: how British extradition law works. [Newspaper article] (2024)
Newspaper / Magazine
DAVIES, G. and ARNELL, P. 2024. Julian Assange: how British extradition law works. The Conversation [online], 27 March 2024. Available from: https://theconversation.com/julian-assange-how-british-extradition-law-works-224703

In this article, the authors assess the current situation regarding the extradition of Julian Assange from the UK and what the case demonstrates about UK extradition 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..

Court ruling a triumph of law over dangerous politics. [Newspaper article] (2023)
Newspaper / Magazine
ARNELL, P. 2023. Court ruling a triumph of law over dangerous politics. [Newspaper article]. The Scotsman [online], 16 November 2023. Available from: https://tinyurl.com/v98n4fa2

One of Prime Minister Rishi Sunak's key pledges in January 2023 was to "stop the boats". Central to the plan is the UK-Rwanda Memorandum of Understanding, agreed in April 2022. Under this deal, Rwanda promised to accept and consider for asylum people... Read More about Court ruling a triumph of law over dangerous politics. [Newspaper article].

Extradition/surrender under the TCA. (2023)
Book Chapter
ARNELL, P. [2023]. Extradition/surrender under the TCA. In Davies, G. and Farrand-Carrapico, H. (eds.) UK-EU police and judicial cooperation post-Brexit. Oxford: Hart Publishing, (accepted).

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..

Borders of convenience: European legal measures and the migration crisis. (2023)
Book Chapter
ARNELL, P. and LYONS, C. 2023. Borders of convenience: European legal measures and the migration crisis. In Zaman, Q.M. and Hall, G.G. (eds.) Border urbanism: transdisciplinary perspectives. Cham: Springer [online], chapter 26, pages 421-431. Available from: https://doi.org/10.1007/978-3-031-06604-7_26

The migration crisis has posed fundamental questions for European institutions. Amongst these are whether EU human rights reality matches its rhetoric. The answer is a resounding no. The reaction of the EU to the crisis has entailed an abdication of... Read More about Borders of convenience: European legal measures and the migration crisis..

The shameful response to Shamima Begum. [Newspaper article] (2023)
Newspaper / Magazine
ARNELL, P. 2023. The shameful response to Shamima Begum. [Newspaper article]. The Scotsman [online], 26 February 2023. Available from: https://tinyurl.com/5n8wdmwx

The response by the UK government to the actions of Shamima Begum is shameful. It is discriminatory, disproportionate and inhumane. The Begum case has become a touchstone, with sections of the press and government politicians celebrating the rejectio... Read More about The shameful response to Shamima Begum. [Newspaper article].

We can't risk justice being denied in schools abuse case: the passage of time affects both victims and the accused person so further delays should be avoided. [Newspaper article] (2022)
Newspaper / Magazine
ARNELL, P. 2022. We can't risk justice being denied in schools abuse case: the passage of time affects both victims and the accused person so further delays should be avoided. [Newspaper article]. The Scotsman [online], 26 February 2023. Available from: https://tinyurl.com/5n8wdmwx

The axiom justice delayed is justice denied rightfully has its supporters. Often attributed to former Prime Minister William E. Gladstone, it encompasses the sentiment that where redress to an injured party is too long in coming there is effectively... Read More about We can't risk justice being denied in schools abuse case: the passage of time affects both victims and the accused person so further delays should be avoided. [Newspaper article].

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..

UK courts not addressing the most important issue in Assange case. [Newspaper article] (2022)
Newspaper / Magazine
ARNELL, P. 2022. UK courts not addressing the most important issue in Assange case. [Newspaper article]. The Scotsman [online], 5 July 2022, page 17. Available from: https://tinyurl.com/mta27ufs

Julian Assange's extradition proceedings seem interminable and they are set to continue for some time yet. Yet, in spite of their length, they have not addressed what many feel is the most important question. The upcoming appeal at the High Court in... Read More about UK courts not addressing the most important issue in Assange case. [Newspaper article].

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..

Rwanda plan exposes the dark side of Johnson's government. [Newspaper article] (2022)
Newspaper / Magazine
ARNELL, P. 2022. Rwanda plan exposes the dark side of Johnson's government. [Newspaper article]. The Scotsman [online], 28 June 2022. Available from: https://tinyurl.com/msnkxx4c

The plan of the UK government to remove asylum seekers and refugees to Rwanda has rightly been making headlines. It is an egregious and draconian facet of the hostile environment intended to affect desperate people. It demonises and dehumanises indiv... Read More about Rwanda plan exposes the dark side of Johnson's government. [Newspaper article].

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..