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521 KB
Extraction Summary
4
People
2
Organizations
2
Locations
2
Events
2
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
521 KB
Summary
This legal document, dated December 17, 2020, analyzes the extradition case of Ms. Maxwell from the United Kingdom to the United States. It argues that legal bars to extradition are unlikely to apply to her case, highlighting that the UK Secretary of State's power to refuse extradition is exceptionally rare and that the 2003 Extradition Act is designed to facilitate, not hinder, such proceedings.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms Maxwell | Subject of legal case |
Mentioned as the subject of an extradition case where certain bars or exceptions are not expected to apply.
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| Secretary of State | Government official |
Mentioned in relation to the power to refuse extradition, which has been exercised only once since the 2003 Act.
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| David Perry QC | Queen's Counsel |
Appears as the author or signatory of the document.
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| Gary McKinnon | Subject of past legal case |
Mentioned in a footnote as the subject of a 2012 case where extradition was refused by the Secretary of State.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government of the United States | Government agency |
Mentioned as the entity making requests for extradition.
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| 6KBW College Hill | Law Chambers |
Listed as the affiliation of David Perry QC.
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Timeline (2 events)
2012
Extradition of Gary McKinnon was refused by the Secretary of State on the basis of mental illness and suicide risk.
United Kingdom
Extradition proceedings for Ms Maxwell requested by the Government of the United States.
United Kingdom
Locations (2)
| Location | Context |
|---|---|
|
Mentioned as the location where a person may be granted asylum or humanitarian protection, and as the location whose ...
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Mentioned in relation to extradition requests made by its government and in the case citation 'Welsh v United States'.
|
Relationships (2)
The document discusses the extradition of Ms. Maxwell as requested by the Government of the United States.
The document cites the case of Gary McKinnon, whose extradition was refused by the Secretary of State in 2012.
Full Extracted Text
Complete text extracted from the document (1,864 characters)
Case 1:20-cr-00330-AJN Document 103-2 Filed 12/28/20 Page 45 of 4
another state⁸; (d) the person has been granted asylum or humanitarian protection in the United Kingdom⁹; or (e) extradition would be against the interests of UK national security¹⁰. On the information currently known, none of these bars or exceptions would arise in the case of Ms Maxwell.
5. The exceptional nature of the Secretary of State’s power is illustrated by the fact that it has been exercised in the favour of a requested person on only one occasion since the enactment of the 2003 Act, and that that single exercise of the power was based on grounds on which reliance may not now be placed.¹¹
6. Third, as to the timescales of extradition proceedings arising from requests for extradition made by the Government of the United States, it is to be noted that the purpose of the 2003 Act to streamline extradition procedures¹² and, in practice, the legislation works to facilitate extradition. As noted in the Opinion¹³ the majority of extradition cases conclude within two years, or three months in cases where consent to extradition is given.
David Perry QC
6KBW College Hill
17 December 2020
6KBW College Hill
17 December 2020
⁸ Extradition Act 2003, ss. 93(4)(b), 126(2) and 179(2).
⁹ Extradition Act 2003, s. 93(4)(c) and (6A).
¹⁰ Extradition Act 2003, s. 208.
¹¹ viz. in the case of Gary McKinnon, whose extradition was refused by the Secretary of State in 2012 on the basis that he was seriously mentally ill and that there was a high risk of suicide were he to be extradited; since that decision, the Secretary of State has been barred from refusing extradition on the basis of human rights grounds: Extradition Act 2003, s. 70(11) (as inserted by the Crime and Courts Act 2013 with effect from 29 July 2013).
¹² Welsh v United States [2007] 1 WLR 156 (Admin) para. 26.
¹³ Opinion, para. 13.
⁹ Extradition Act 2003, s. 93(4)(c) and (6A).
¹⁰ Extradition Act 2003, s. 208.
¹¹ viz. in the case of Gary McKinnon, whose extradition was refused by the Secretary of State in 2012 on the basis that he was seriously mentally ill and that there was a high risk of suicide were he to be extradited; since that decision, the Secretary of State has been barred from refusing extradition on the basis of human rights grounds: Extradition Act 2003, s. 70(11) (as inserted by the Crime and Courts Act 2013 with effect from 29 July 2013).
¹² Welsh v United States [2007] 1 WLR 156 (Admin) para. 26.
¹³ Opinion, para. 13.
DOJ-OGR-00020126
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