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521 KB
Extraction Summary
4
People
4
Organizations
2
Locations
3
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal opinion / court filing exhibit
File Size:
521 KB
Summary
This document is the final page of a legal opinion written by David Perry QC of 6KBW College Hill, dated December 17, 2020. It analyzes UK extradition law, specifically concluding that no bars to extradition (such as asylum or national security) apply to Ms. Maxwell. It also discusses the rarity of the Secretary of State refusing extradition (citing the Gary McKinnon case) and notes that contested extradition cases typically conclude within two years.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms Maxwell | Subject of legal opinion |
The document analyzes potential bars to her extradition, concluding none apply.
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| David Perry QC | Author / Legal Counsel |
Author of the legal opinion from 6KBW College Hill.
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| Secretary of State | UK Government Official |
Referenced regarding powers to refuse extradition.
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| Gary McKinnon | Historical Case Subject |
Mentioned in footnote 11 as the only person for whom the Secretary of State exercised power to refuse extradition (in...
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| 6KBW College Hill |
Legal chambers of David Perry QC
|
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| Government of the United States |
Requesting body for extradition
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| United Kingdom |
Jurisdiction where asylum or humanitarian protection might be granted
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| DOJ |
Department of Justice (inferred from footer DOJ-OGR)
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Timeline (3 events)
2012
Refusal of Gary McKinnon's extradition by Secretary of State
United Kingdom
2013-07-29
Effective date of Crime and Courts Act 2013 insertion affecting extradition refusal powers
United Kingdom
2020-12-17
Locations (2)
| Location | Context |
|---|---|
|
Location of extradition proceedings and asylum jurisdiction
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Requesting country for extradition
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Relationships (1)
Perry is writing a legal opinion assessing the extradition case of Maxwell.
Key Quotes (3)
"On the information currently known, none of these bars or exceptions would arise in the case of Ms Maxwell."Source
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Quote #1
"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"Source
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Quote #2
"the majority of extradition cases conclude within two years, or three months in cases where consent to extradition is given."Source
DOJ-OGR-00001208.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,864 characters)
Case 1:20-cr-00330-AJN Document 103-21 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
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-00001208
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