TY - JOUR
T1 - The Forum Bar in UK Extradition Law
T2 - an Unnecessary Failure
AU - Arnell, Paul
AU - Davies, Gemma
PY - 2020/4/1
Y1 - 2020/4/1
N2 - The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limited and optional prosecutorial input into forum bar decisions and, more fundamentally, because it is founded upon two misplaced premises. The forum bar is irredeemable and should be repealed.
AB - The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limited and optional prosecutorial input into forum bar decisions and, more fundamentally, because it is founded upon two misplaced premises. The forum bar is irredeemable and should be repealed.
KW - Extradition
KW - forum
KW - forum bar
KW - concurrent jurisdiction
KW - forum non conveniens
U2 - 10.1177/0022018320902544
DO - 10.1177/0022018320902544
M3 - Article
VL - 84
SP - 142
EP - 162
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
SN - 0022-0183
IS - 2
ER -