Paul Arnell

Hackers beware: the cautionary story of Gary McKinnon

The law of extradition was changed following the 2001 terrorist attacks in the United States. Subsequent practice has seen the range of extraditable offences expand to include acts not traditionally regarded as terrorist crimes. The case of Gary McKinnon provides one such example. This article describes and analyses the facts and law surrounding the extradition of McKinnon, and concludes that those involved in cyberspace in the United Kingdom should be very conscious of the long arm of United States criminal law.

The European Human Rights Influence upon UK Extradition Myth Debunked.

There exists a perception within the UK that human rights law emanating from Europe acts to the detriment of extradition. This is not the case. This article describes the effect of the ECHR and Fundamental Charter of Human Rights upon UK extradition and concludes that in fact human rights play a relatively limited role.

UK compliance with international law: bribery and corruption.

UK compliance with its international obligations in the area of bribery and corruption is in question. Recent domestic and international developments have brought this issue to the fore. This article addresses UK compliance. In doing so it highlights the multi-faceted nature of the obligations upon the UK and its wide-ranging responses. It is concluded that the UK is in general compliant with the particulars of international law but perhaps not with its spirit.

The contrasting evolution of the right to a fair trial in UK extradition law.

ABSTRACT A number of human rights have come to play a material role in UK extradition law. An exception is that found in article 6 of the European Convention on Human Rights 1950 protecting the right to a fair trial. It plays only a partial and limited role. That role has experienced contrasting fortunes. Whilst the right has come to have a degree of applicability within the UK in extradition hearings its extraterritorial operation has been further restricted. This article analyses the limited role of the right to a fair trial in extradition and highlights that contrasting evolution.