Abstract
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 The forum bar is irredeemable and should be repealed.
Original language | English |
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Pages (from-to) | 142-162 |
Journal | The Journal of Criminal Law |
Volume | 84 |
Issue number | 2 |
Early online date | 30 Jan 2020 |
DOIs | |
Publication status | Published - 1 Apr 2020 |
Keywords
- Extradition
- forum
- forum bar
- concurrent jurisdiction
- forum non conveniens