Sir Scott Baker made a fundamental mistake in his extradition review

first_imgIt must be gratifying for Sir Scott Baker that in Joshua Rozenberg he has at least one champion for his review of the UK’s extradition laws. But Mr Rozenberg’s seems to be very much the minority view on matters of forum and our treaty with the US. Both Sir Scott and Mr Rozenberg make the mistake of conflating the issue as to whether a case could be tried in another country with whether it should be tried there. It is without question that the cases of the NatWest Three (of which I was one) and Gary McKinnon could properly be tried in the US, as Mr Rozenberg reports. The whole point of a forum test – which no British court has ever been allowed to apply – is to determine whether, in all the circumstances, it would be in the interests of justice for the trial to take place overseas. It is beyond belief that the review panel could state that none of these cases would have been decided differently if a forum test had been applied. How could they possibly know that? If any members of the Baker panel or Mr Rozenberg doubts the strength of feeling on this issue, they would do well to read the Hansard of the Commons debate on extradition, held in Westminster Hall on 24 November, led by Dominic Raab MP, a member of the Joint Committee on Human Rights. This issue is far from settled. David Bermingham, Goring, Oxfordshirelast_img

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