The Lord Advocate (for the Government of the United States of America) v Mirza

Extradition – Disclosure/recovery of documents. Sheriff Court: In an extradition application under Pt 2 of the Extradition Act 2003 in which the US Government sought the respondent's extradition for prosecution on serious fraud charges, and in which he asked the court to order disclosure/recovery of all correspondence relating to him between the Scottish Ministers' Civil Recovery Unit—who were pursuing a proceeds of crime application against him in Court of Session—and the US prosecution authorities, the court held, inter alia, that the application as regards disclosure was incompetent and that it must also fail as regards recovery of documents, being entirely speculative and irrelevant to the extradition request.

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