More about the report
The International Cooperation and Extradition Scoping Review has been led by Gemma Davies, from Durham Law School, and draws on consultation with leaders in government, law enforcement, the judiciary, legal profession, and academia.The report explores whether existing legal tools are fit for purpose in an era of globalised crime, digital evidence, and shifting international partnerships. It identifies critical gaps in the current legal framework and makes detailed recommendations to modernise how the UK cooperates with other countries in the investigation and prosecution of crime.
It was commissioned by the Law Commission of England and Wales, and delivered by the Criminal Law Reform Network.
Findings and recommendations
The report highlights growing operational and legal strain on the UK’s Extradition Act 2003, including challenges surrounding other countries’ assurances, bars to extradition, the role of the Crown Prosecution Service (CPS), and the impact of concurrent asylum claims.It considers the implications of the Supreme Court’s recent El-Khouri ruling, which significantly affects how UK courts assess dual criminality in extradition cases involving extraterritorial conduct.
In the area of mutual legal assistance, where countries cooperate on criminal investigations and prosecutions, the report finds that current processes are fragmented, slow, and legally unclear - especially in relation to the admissibility of foreign evidence, the application of police powers, and police-to-police cooperation.
On criminal jurisdiction, regarding the power of a court to hear a criminal case, the report argues that the current legal framework for territorial and extraterritorial jurisdiction (the power of a state to apply and enforce its laws beyond its borders) is fragmented, inconsistently applied, and often unclear.
The report calls for a comprehensive law reform project, and recommends the Law Commission prioritise this.
The report’s findings and recommendations are now being considered by the Law Commission.
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