Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance

Abstract The work contains a detailed explanation of the practice and procedure in extradition cases in the UK. It covers the history and development of extradition proceedings and includes an up-to-date analysis of post-Brexit extradition arrangements with the EU. It contains guidance on the use of Part 1 and Part 2 of the Extradition Act 2003, as well as coverage of developments within the EU in relation to the European arrest warrant. It provides a comprehensive analysis of the defences available to extradition, including those relating to human rights, forum, double jeopardy, and extraneous considerations. The interaction between extradition and asylum is covered. The appeal and review processes are considered and explained. Issues in relation to specialty and other restrictions on prosecution are identified. The work also gives guidance on the process of providing mutual legal assistance, both in relation to UK requests to foreign states and foreign requests to the UK. The provision of assistance in relation to search, seizure, and evidence is covered, as is the use of restraint, confiscation, and forfeiture procedures. Restrictions on the use of material provided under mutual legal assistance are identified. The use of Interpol is discussed, and guidance is provided on challenging its decisions, including the use of red notices.