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Published online by Cambridge University Press: 01 January 2021
Human rights — Access to justice — External confiscation order — Confiscation order of US court issued against appellant resident in England — Right of appeal against order — Fugitive disentitlement doctrine — Denial by US Court of Appeals of right of appeal to terms of order under fugitive disentitlement doctrine — Enforcement of external confiscation order in England — Criminal Justice Act 1988, Section 97 — Whether enforcement of order contrary to interests of justice — Whether operation of fugitive disentitlement doctrine by Convention State would constitute a violation of Article 6 of the Convention — Territorial limitations — Whether Article 6 of Convention capable of being directly or indirectly engaged in respect of a non-contracting State — Exceptional nature of circumstances required for indirect engagement of Article 6 rights — Whether giving effect to provisions of external confiscation order by enforcement in English court a breach of Article 6 of the Convention — The law of England