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Criminal Law Reform Now Network’s scoping review published

Published:
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The Criminal Law Reform Now Network’s (CLRNN) Scoping Review into the need for reform of the law relating to International Cooperation and Extradition was published today. The report evaluates mutual legal assistance (MLA), extradition, and criminal jurisdiction, concluding that a comprehensive law reform project is both necessary and timely.

The review was initiated at the request of the Law Commission, following an agreement between the Commission and CLRNN in 2023, but conducted entirely independently by CLRNN. 

Written for CLRNN by Gemma Davies of Durham University, and a team of expert contributors, the review arrives at robust conclusions about the need for law reform in the areas covered. 

This is a serious, thorough and most importantly useful piece of work which will help to set the terms of the debate for law reform in this area. The review has opened up discussion within and outside government and provides a strong rationale for pursuing law reform. 

This review fulfils the promise of the Memorandum of Understanding agreed between the Law Commission and CLRNN in 2023. We have worked together productively without compromising the independence of either organisation.
Professor Penney Lewis, Commissioner for Criminal Law

Key findings

  • Extradition: The Extradition Act 2003, last reviewed in 2011, is under increasing pressure from complex and rising case volumes. Core concerns include the use and monitoring of assurances, operation of the forum bar, issues in the operation of speciality, delays caused by assessing charge/try decisions and overlap with asylum claims. The report considers the impact of a recent Supreme Court decision which has complicated dual criminality assessments and may lead to impunity in certain cases.
  • Mutual Legal Assistance: The UK’s MLA system is described as outdated, inefficient, lacking a clear statutory framework. The report highlights the need to clarify when PACE applies, the admissibility of overseas evidence, and the role of police-to-police cooperation.
  • Criminal Jurisdiction: The current legal framework for territorial and extraterritorial jurisdiction is fragmented, inconsistently applied, and often unclear. The report highlights where these ambiguities may impede effective prosecution of cross-border crime.