DOJ-OGR-00002229(1).jpg
579 KB
Extraction Summary
4
People
2
Organizations
2
Locations
2
Events
2
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
579 KB
Summary
This legal document, dated December 17, 2020, and authored by David Perry QC, analyzes the legal framework for extradition from the United Kingdom to the United States, specifically concerning Ms Maxwell. It argues that none of the statutory bars to extradition apply to her case and highlights the rarity of the Secretary of State's power to refuse extradition, citing the past case of Gary McKinnon as an example that is no longer applicable. The document notes that the purpose of the Extradition Act 2003 is to streamline and facilitate extradition, with most cases concluding within two years.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms Maxwell | Requested person for extradition |
Mentioned as the subject of a potential extradition case from the UK to the US.
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| David Perry QC | Queen's Counsel |
Appears as the author/signatory of the document.
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| Secretary of State | Government official |
Mentioned in relation to the power to refuse extradition requests in the UK.
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| Gary McKinnon | Subject of a past extradition case |
Mentioned in a footnote as a case where the Secretary of State refused extradition in 2012 due to mental health and s...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government of the United States | government agency |
Mentioned as the entity making requests for extradition.
|
| 6KBW College Hill | company |
Listed as the professional address/chambers for David Perry QC.
|
Timeline (2 events)
2012
The Secretary of State refused the extradition of Gary McKinnon.
United Kingdom
Extradition proceedings requested by the Government of the United States for Ms Maxwell.
United Kingdom
Locations (2)
| Location | Context |
|---|---|
|
Mentioned as the location where asylum or humanitarian protection can be granted, and whose national security interes...
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|
|
Mentioned as the country making extradition requests.
|
Relationships (2)
The Government of the United States is seeking the extradition of Ms Maxwell.
David Perry QC is authoring a legal document concerning the extradition case of Ms Maxwell, suggesting a legal advisory or representative role.
Full Extracted Text
Complete text extracted from the document (1,867 characters)
Case 1:20-cr-00330-AJN Document 103-2 Filed 12/23/20 Page 4 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
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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-00002229
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