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

Fecha: 16-Oct-2025

Article 716-4 of the French Code

21.

The French Criminal Code (discussed in A at §31; and Doga at §11) provides within Article 716-4 for a qualifying period of “detention”, including (at [2]) where there has been a “deprivation of liberty” in the context of extradition. Here is Article 716-4 (the numbers in square brackets are mine):

Article 716-4. [1] Where there has been a pre-trial detention at any stage of the proceedings, such detention shall be deducted in full from the length of the sentence to be imposed or, where appropriate, from the total length of the sentence to be served after conviction. The same shall apply in the case of pre-trial detention ordered in the context of proceedings for the same acts as those which gave rise to the conviction, if these proceedings were subsequently annulled. [2] The provisions of the preceding paragraph shall also apply to deprivation of liberty undergone in execution of a warrant for bringing in or arresting a person, to imprisonment undergone outside France in execution of a European arrest warrant or on the request for extradition. [3] Where there has been pre-trial detention at any stage of the proceedings, this detention shall also be deducted in full from the duration of the security period to which the sentence is attached, where applicable, notwithstanding the simultaneous execution of other prison sentences.