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24 January 2025 / George Hepburne Scott
Issue: 8101 / Categories: Features , Extradition , Criminal
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Stepping into a foreign judge’s shoes?

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To what extent can an English extradition court take account of the prospect of early release overseas? George Hepburne Scott calls for clarity
  • Recent High Court extradition appeal decisions have considered the prospective application of discretionary early release in foreign jurisdictions and the impact this can or ought to have upon the weight to be attached to the public interest in extradition in the cases under consideration.
  • There has been an apparent lack of consensus among High Court judges on this issue, such that a test case has now been granted permission to appeal to the Supreme Court.

An interesting aspect of extradition law is the consideration of the legal systems of foreign jurisdictions. This is most frequently done by reference to the dual-criminality test under ss 64 and 65 of the Extradition Act 2003—whereby the conduct for which extradition is sought (either through an accusation or a conviction) must also constitute a crime in England and Wales (‘the conduct test’).

However, other considerations of the law of foreign jurisdictions also arise. For example, under

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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