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17 September 2015
Issue: 7668 / Categories: Legal News
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US wins extradition argument

The US government has succeeded in its judicial review against a decision to bar the extradition of a doctor accused of child rape.

In January, Westminster magistrates held that Tobias Bowen’s Art 5 right to liberty under the European Convention on Human Rights (ECHR) would be at risk if he were extradited. New York state law provides for “civil commitment” of sexual offenders after they complete their sentence if they are considered still dangerous and suffering from a predisposition to repeat sexual offending.

Bowen, who has joint US/Liberian citizenship, was tracked by detectives working with the US Marshals Fugitive Task Force to the Netherlands and then to Heathrow Airport, where he was taken into custody.

Allowing the appeal, in Government of the US v Tobias Bowen [2015] EWHC 1873 (Admin), Lord Justice Burnett said: “We are satisfied that the New York process by which a civil commitment order may be made under Art 10 would be consistent with Art 5 ECHR if enacted in an ECHR state.

“In concluding that the Art 10 process could lead to the commitment of someone who was not of ‘unsound mind’ within the meaning of Art 5.1(e) the judge placed too much weight on the opinions of [an expert for the respondent] and gave insufficient attention to the strict requirements of Art 10… The New York law provides that before such a finding can be made there is a proper assessment and review of the offender by mental health professionals and psychiatrists.”

Issue: 7668 / Categories: Legal News
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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