On 24 February 2021, the Home Office published updated guidance on ‘extradition: processes and review’. The guidance reflects the changes to extradition procedure under Part 1 of the Extradition Act 2003, as brought about by the UK-EU Trade and Cooperation Agreement 2020 (‘TCA’), and the new power of provisional arrest without a warrant in […]
The High Court has refused an application made on behalf of Huawei CFO Meng Wanzhou for disclosure of HSBC records for use in her ongoing legal battle against extradition from Canada to the US, where she faces charges of bank and wire fraud and violation of US sanctions. In the judgment, handed down on […]
The Home Affairs Select Committee heard evidence on 10 February 2021, from Sir Julian King, the former European Commissioner for Security Union, and Sir Rob Wainwright, the former Executive Director of Europol. The witnesses responded to questions on the future of UK-EU security co-operation. First impressions of the TCA Both witnesses agreed that the […]
On Tuesday 9 February 2021, the extradition hearing for former Autonomy CEO, Mike Lynch, got underway at Westminster Magistrates’ Court. Mr Lynch faces charges of conspiracy, securities fraud and wire fraud in the US in connection with the sale of his company Autonomy to Hewlett Packard (‘HP’) in 2011. Mr Lynch’s legal team argue that […]
On Tuesday 9 February 2021, a spokesman for the US Department of Justice confirmed that it intended to appeal against the decision of a UK court ordering the discharge of Julian Assange in extradition proceedings brought by the US. Mr Assange is requested by the US to stand trial on 18 counts relating to the […]
Last Friday, in R (on the application of KBR) v SFO [2021] UKSC 2, the Supreme Court unanimously reversed the decision of the Divisional Court and held that the SFO has no power, under section 2(3) of the Criminal Justice Act 1987 (‘the 1987 Act’), to compel foreign companies to produce documents located outside the […]
Earlier today the Supreme Court handed down its judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud Office. The question for the court was whether a compulsory notice issued by the SFO under section 2 of the Criminal Justice Act 1987 could require a foreign person or company to […]
Senior District Judge Emma Arbuthnot, the Chief Magistrate, sitting at Westminster Magistrates’ Court on 28 January 2021, rejected the arguments put forward by Arif Naqvi’s legal team against his extradition and ordered the case to be sent to the Secretary of State for a decision as to whether he should be extradited. Mr Naqvi, the […]
The House of Lords EU Security and Justice Sub-Committee, sitting remotely on Tuesday 26 January 2021, heard evidence from three current and former law enforcement officials. Vice Admiral Sir Charles Montgomery KBE, former Director General of UK Border Force, Steve Rodhouse, Director General (Operations) at the NCA and Assistant Chief Constable Peter Ayling of the […]
A Vietnamese man, arrested in December 2020 on an EAW issued by a Brussels court, was brought before Westminster Magistrates’ Court this month to commence extradition proceedings against him. Hung Sy Truong, also known as Mr Tai, is wanted in connection with the transport of Vietnamese migrants from a safe house in Brussels to Bierne […]
Jasvinder Nakhwal
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