Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts.
Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, or immunity ratione materiae. This is an immunity granted to people who perform certain functions of state. The second is personal immunity, or immunity ratione personae. This is an immunity granted to certain officials because of the office they hold, rather than in relation to the act they have committed.
Double criminality, or dual criminality, is a requirement in the extradition law and international prisoner transfers of many countries. It states that a suspect can be extradited from one country to stand trial for breaking a second country's law only if a similar law exists in the extraditing country, and that any crime in any sentencing country must also be a crime in any other country to receive any internationally transferred prisoners.
Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
The Ciarán Tobin extradition case concerns requests for the extradition of Irish businessman Francis Ciarán Tobin from Ireland to Hungary. Tobin is the subject of a European Arrest Warrant issued by the Hungarian authorities after he was found guilty of causing serious bodily harm by negligent driving when his car went out of control killing two Hungarian children in the village of Leányfalu near Budapest in April 2000. He was tried in his absence after he failed to return from Ireland for his trial.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
Louca v German Judicial Authority is an English criminal appeal, originating in the High Court and ending in the Supreme Court in 2009.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Fair Trials is a UK-registered non-governmental organization which works for fair trials according to international standards of justice and the right to a fair trial, identifying where criminal justice is failing, alerting the world to the problems, and resolving these issues through campaigning, advocacy and strategic litigation. It also builds regional legal capacity through targeted training, mentoring and network activities, coordinating a network of criminal justice legal experts and European human rights NGOs called JUSTICIA.
Sophie Toscan du Plantier, a 39-year-old French woman, was killed outside her holiday home near Toormore, Goleen, County Cork, Ireland, on the night of 23 December 1996.
Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
Minister for Justice Equality and Law Reform v Bailey[2012] IESC 16, was an Irish Supreme Court case in which the Court held they did not have the jurisdiction to order the surrender of a non-Irish citizen for the commission of a crime committed in Ireland. Ian Bailey was accused of murdering a French citizen in Ireland. The French judicial authorities requested the extradition of Bailey from Ireland to France so to question him about the crime. However, the issue in this case was that Bailey is not a French citizen, rather his nationality is British. This case dealt with an unprecedented question of law as usually the person requested by the issuing state is a national of that state. The significance of this case was that the Supreme Court dealt with a situation where Bailey was a British national yet the French authorities requested for his extradition. Nevertheless, the Court decided that Bailey could not be surrendered because the French had not actually charged him with a crime.
Minister for Justice, Equality and Law Reform v Dolny[2009] IESC 48, was an Irish Supreme Court case. The court found that a European extradition can be applied if the offense is very similar to an offense in Irish statute.
Dundon v Governor of Cloverhill Prison, [2005] IESC 83, [2006] 1 IR 518, was an Irish legal case in which the Supreme Court rejected an appeal against extradition to the United Kingdom by Irish citizen Kenneth Dundon. The case is important in Irish law as Kenneth Dundon was the first man to be extradited under the European Arrest Warrants Act 2003 in Ireland.
MJELR v Rettinger[2010] IESC 45, [2010] 3 IR 783, was a case in which the Irish Supreme Court ruled that to resist the application of a European Arrest Warrant on the basis that it would result in treatment contrary to Article 3 of the European Convention on Human Rights (ECHR), the wanted individual must offer substantial grounds to believe that he or she would be exposed to a real risk of such treatment.
F.X. v The Clinical Director of Central Mental Hospital and Another[2014] IESC 1; [2014] 1 IR 280 is a reported Irish Supreme Court case in which the court "clarified two important points about the habeas corpus jurisdiction":
- that the High Court's jurisdiction does lie in respect of detention orders made by courts of coordinate jurisdiction; and
- although the Constitution does not allow for stays to be placed on orders of habeas corpus, "orders can be made for controlling the release of persons who are incapable of protecting themselves."
