Chapter 1

The nature and structure of this report

1.8This Report does not seek to replicate the detailed analysis of the underlying issues in our Issues Paper. We envisage that the two should be read alongside each other. The important introduction of key concepts and actors in the Issues Paper is not replicated in this Report.

1.9Part 1 of the Report discusses our general approach to the reference, and the major themes underlying both mutual assistance and extradition. Part 2 then introduces issues that relate to extradition alone, and Part 3 introduces issues relating specifically to mutual assistance. Part 4 contains our draft Extradition and Mutual Assistance in Criminal Matters and for Recovery of Criminal Proceeds Bills with commentary. As far as possible, we have aimed to give readers a sense not only of the major policy decisions that lie behind our recommendations, but our intentions of how the practicalities of both extradition and mutual assistance requests should be dealt with by the Central Authority and by the courts. Many of the more theoretical issues are dealt with in the first chapters, and inevitably much of the detail of our recommendations is conveyed through the drafting of the Bills.