*R (on the application of El Gizouli) v Secretary of State for the Home Department

Criminal law – Mutual legal assistance. It was lawful for the Secretary of State to authorise mutual legal assistance to a foreign state in support of a criminal investigation which might lead to prosecution for offences which carried the death sentence in that state, without requiring an assurance that the prosecution would not seek the death sentence. Accordingly, the Divisional Court rejected each ground of the claimant's challenge to the defendant Secretary of State's decision and the subsequent transfer of materials, including personal data, to the US authorities concerning accusations of terrorism against her son.

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