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Published online by Cambridge University Press: 01 January 2021
Extradition — Extradition Act 2003 — Whether statutory bars to extradition — Whether extradition compatible with Human Rights Act 1998 — Article 8 of European Convention on Human Rights, 1950 — Interference with Article 8 rights — Correct test to apply in determining proportionality of interference — Whether gravity of crime affecting proportionality — Speciality rule — Application and requirements of speciality rule — Public interest — Shared interest of States in preventing and punishing crime — Applicability of Article 8 in extradition cases
Human rights — Right to freedom from interference with private and family life — Article 8 of European Convention on Human Rights, 1950 — Whether interference with right proportionate — Applicable test — Balancing rights of individual against public interest — Whether gravity of crime relevant factor — Whether Article 8 rights of extraditee’s family members relevant — Whether possibility of prosecution of extraditee within requested State relevant
Relationship of international law and municipal law — Treaties — 1972 Extradition Treaty between United Kingdom and United States — Obligations with respect to extradition requests — Extradition Act 2003 — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Domestic case law — The law of England