AC-2023-LON-001921 - [2025] EWHC 1416 (Admin)

In A, the requested person had been on a 5½ hour (then a 4 hour) EMC for 1,521 days; and his French prison sentence was 1,360 days (3y 8m 22d): see A at §§7-8. The Divisional Court ordered his discharge, in the light of evidence about the Qualifying Curfew in the French Code, because extradition would be disproportionate, and also an abuse or process: see A at §49. In Doga, the requested person had been on a 5 hour EMC for 34m 16d; and his French prison sentence was 18m: see Doga at §§1, 4. Farbey J ordered his discharge, in the light of A and evidence about the Qualifying Curfew in the French Code, because extradition would be disproportionate, and also an abuse or process: see Doga at §§34-35. Each Court concluded on the evidence that the requested person would fall to be credited with the period on EMC as Qualifying Curfew: A §§40-42, 49; Doga at §33. In each case, previous adverse appeal decisions were reopened to avoid real injustice (Crim PR 50.27).