As a very young man Sir Patrick Hastings wrote a pot-boiler on the law of extradition which he wanted to call Handcuffs Across The Sea but the publisher wouldn’t allow it. A chance for the Law Community to right that ancient wrong?
There is an enormous overlap between the Extradition Jurisdiction (Magistrates Court) and the Asylum/Article 3 jurisdiction First-tier Tribunal (Immigration and Asylum Chamber). As many Extraditions cases feature heavily "I cannot go back because I will suffer A 3 mistreatment" type arguments which, once rejected by the criminal system, are then open to the claimant to run in the IAC. Surely there should be joint hearings of the 2 Jurisdictions, perhaps with a judge from each, doing a single set of hearings to determine the same issue, rather than the current system where the evidence is assessed twice in two completely separate sets of hearings producing substantial delay as a result.
This was the consistent view across all stakeholders and we discuss the problems with the current system in chapter 2, section 4.4. We weren't tasked with finding the solution but do consider several possibilities. A joint hearing could also be a way forward.
As a very young man Sir Patrick Hastings wrote a pot-boiler on the law of extradition which he wanted to call Handcuffs Across The Sea but the publisher wouldn’t allow it. A chance for the Law Community to right that ancient wrong?
There is an enormous overlap between the Extradition Jurisdiction (Magistrates Court) and the Asylum/Article 3 jurisdiction First-tier Tribunal (Immigration and Asylum Chamber). As many Extraditions cases feature heavily "I cannot go back because I will suffer A 3 mistreatment" type arguments which, once rejected by the criminal system, are then open to the claimant to run in the IAC. Surely there should be joint hearings of the 2 Jurisdictions, perhaps with a judge from each, doing a single set of hearings to determine the same issue, rather than the current system where the evidence is assessed twice in two completely separate sets of hearings producing substantial delay as a result.
This was the consistent view across all stakeholders and we discuss the problems with the current system in chapter 2, section 4.4. We weren't tasked with finding the solution but do consider several possibilities. A joint hearing could also be a way forward.