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

In all those circumstances and for all those reasons, the appeal succeeds. In the exercise of this Court’s statutory responsibilities, I find that the Appellant’s prospects of Qualifying Curfew as EMHA under the French Code based on his 5 hour EMC in the 37 months since 16 April 2022 are so irresistibly strong, on the evidence, that it would be a breach of the Appellant’s Article 8 rights to extradite him in connection with his 20 month French sentence. Had it been necessary to rely on the residual jurisdiction founded on abuse of process, I would have done so. This is in substance the same conclusion as was reached in A (§§48-49) and again in Doga (§§34-35). I will direct the Appellant’s discharge. Having circulated this judgment in draft, I will be able to deal here with the Court’s order and any consequential matter arising.