DOJ-OGR-00002097.json 6.5 KB

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  1. {
  2. "document_metadata": {
  3. "page_number": "2 of 29",
  4. "document_number": "97-21",
  5. "date": "12/14/20",
  6. "document_type": "legal opinion",
  7. "has_handwriting": false,
  8. "has_stamps": false
  9. },
  10. "full_text": "Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 2 of 29\n\nIN THE MATTER OF AN OPINION\nON THE EXTRADITION LAW OF ENGLAND AND WALES\n\nRE GHISLAINE MAXWELL\n\nOverview\n1. This Opinion is provided pursuant to instructions from Peters and Peters Solicitors LLP1 dated 12 August 2020 in the context of bail proceedings relating to Ms Ghislaine Maxwell before the United States District Court, Southern District of New York. Subsequent instructions have confirmed that Ms Maxwell will execute a waiver of her right to extradition that could be exhibited to a future extradition request made by the United States and relied upon in any extradition proceedings. The specific questions asked by Peters and Peters are attached at Annex A. A summary of counsel's relevant experience is attached at Annex B. The waiver is attached at Annex C.\n2. In summary:\n(a) Extradition proceedings in the United Kingdom are governed by the Extradition Act 2003 ('the 2003 Act') and, in general, comprise; (i) a hearing before a designated 'appropriate judge' (the extradition hearing); and (ii) an appeal, subject to a leave requirement.\n(b) In proceedings under the 2003 Act, a requested person may consent to their extradition which has the effect of removing the need for an extradition hearing and waiving the person's statutory appeal rights.\n(c) In the majority of cases, proceedings in England and Wales in relation to US extradition requests are concluded in under two years2. The process is significantly shorter if the requested person consents to their extradition and in those cases the timescales are approximately between one and three months.\n(d) It is extremely unlikely that bail would be granted in an extradition case in circumstances where the requested person had absconded from criminal proceedings in the United States prior to trial and in breach of bail.\n1 The following documents were annexed to the instructions: (a) Superseding Indictment, United States v Ghislaine Maxwell, dated 8 July 2020; (b) a transcript of the arraignment and bail hearing that took place on 14 July 2020; (c) the Motion to Detain the Defendant dated 2 July 2020; (d) the Memorandum in Opposition to the Motion for Detention dated 10 July 2020; (e) and the Government Reply Memorandum in Support of Detention dated 13 July 2020.\n2 There is no data as to the duration of extradition proceedings in Northern Ireland and Scotland but it may be inferred that the timescales are similar.\n1922623.1\n1\nDOJ-OGR-00002097",
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  13. "type": "printed",
  14. "content": "Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 2 of 29",
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  18. "type": "printed",
  19. "content": "IN THE MATTER OF AN OPINION\nON THE EXTRADITION LAW OF ENGLAND AND WALES",
  20. "position": "header"
  21. },
  22. {
  23. "type": "printed",
  24. "content": "RE GHISLAINE MAXWELL",
  25. "position": "header"
  26. },
  27. {
  28. "type": "printed",
  29. "content": "Overview\n1. This Opinion is provided pursuant to instructions from Peters and Peters Solicitors LLP1 dated 12 August 2020 in the context of bail proceedings relating to Ms Ghislaine Maxwell before the United States District Court, Southern District of New York. Subsequent instructions have confirmed that Ms Maxwell will execute a waiver of her right to extradition that could be exhibited to a future extradition request made by the United States and relied upon in any extradition proceedings. The specific questions asked by Peters and Peters are attached at Annex A. A summary of counsel's relevant experience is attached at Annex B. The waiver is attached at Annex C.\n2. In summary:\n(a) Extradition proceedings in the United Kingdom are governed by the Extradition Act 2003 ('the 2003 Act') and, in general, comprise; (i) a hearing before a designated 'appropriate judge' (the extradition hearing); and (ii) an appeal, subject to a leave requirement.\n(b) In proceedings under the 2003 Act, a requested person may consent to their extradition which has the effect of removing the need for an extradition hearing and waiving the person's statutory appeal rights.\n(c) In the majority of cases, proceedings in England and Wales in relation to US extradition requests are concluded in under two years2. The process is significantly shorter if the requested person consents to their extradition and in those cases the timescales are approximately between one and three months.\n(d) It is extremely unlikely that bail would be granted in an extradition case in circumstances where the requested person had absconded from criminal proceedings in the United States prior to trial and in breach of bail.",
  30. "position": "main body"
  31. },
  32. {
  33. "type": "printed",
  34. "content": "1 The following documents were annexed to the instructions: (a) Superseding Indictment, United States v Ghislaine Maxwell, dated 8 July 2020; (b) a transcript of the arraignment and bail hearing that took place on 14 July 2020; (c) the Motion to Detain the Defendant dated 2 July 2020; (d) the Memorandum in Opposition to the Motion for Detention dated 10 July 2020; (e) and the Government Reply Memorandum in Support of Detention dated 13 July 2020.\n2 There is no data as to the duration of extradition proceedings in Northern Ireland and Scotland but it may be inferred that the timescales are similar.",
  35. "position": "footer"
  36. },
  37. {
  38. "type": "printed",
  39. "content": "1922623.1\n1\nDOJ-OGR-00002097",
  40. "position": "footer"
  41. }
  42. ],
  43. "entities": {
  44. "people": [
  45. "Ghislaine Maxwell"
  46. ],
  47. "organizations": [
  48. "Peters and Peters Solicitors LLP",
  49. "United States District Court, Southern District of New York"
  50. ],
  51. "locations": [
  52. "England",
  53. "Wales",
  54. "United Kingdom",
  55. "United States",
  56. "Northern Ireland",
  57. "Scotland",
  58. "New York"
  59. ],
  60. "dates": [
  61. "12 August 2020",
  62. "8 July 2020",
  63. "14 July 2020",
  64. "2 July 2020",
  65. "10 July 2020",
  66. "13 July 2020",
  67. "12/14/20"
  68. ],
  69. "reference_numbers": [
  70. "1:20-cr-00330-AJN",
  71. "97-21",
  72. "1922623.1",
  73. "DOJ-OGR-00002097"
  74. ]
  75. },
  76. "additional_notes": "The document appears to be a legal opinion regarding extradition law in England and Wales, specifically in relation to Ghislaine Maxwell's case. The document is well-formatted and free of significant damage or redactions."
  77. }