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prepared by, for example, a state prosecuting attorney in the United States, or in Europe, an officer of the judicial police. There will be no guarantee that the evidence which forms the basis of the statement has been subjected to judicial scrutiny or even of an independent department similar to that of the Prosecutor Fiscal in Scotland.
Under the system as it has been adopted in some European states, the Home Secretary, who will examine all requests, will not be required or entitled or have any means of knowing whether there is any real evidence. The same will apply to the English courts. Fugitives will be unable to question the Home Secretary's decision or make representations other than that it was wrong in law or that no reasonable Home Secretary could have acted as he did. The judicial function of determining whether there is a proper foundation for a request will be removed and the role courts will be reduced to that of a rubber
of
stamp.
In the Republic of Ireland, where the rule has been abolished, there has been a tendency in difficult cases to look for procedural defects. Their courts have commented with concern on its abolition and the extent to which its removal safeguards individal freedoms.
Although the rule is not part of the European Convention on Extradition, to which it is proposed the United Kingdom should become a party, it is important to note that certain party states, e.g., Norway and Israel, have expressly reserved it. Most of those who have abolished it have refused or reserve the right to refuse to surrender their own nationals. I am deeply concerned as to the effect of abolition of the rule in relation to certain states with which the United Kingdom has extradition arrangements.
12. In my opinion it is essental the rule should be retained, if not for all fugitives, at least for those whose surrender is not being sought by their own states. Only in this way can we avoid ill considered requests and prevent the danger of surrender on suspicion in the hope of obtaining evidence by the time the fugitive returns. When one considers the "long arm jurisdiction" of certain states and the personal