Conclusions
Outcome
And so for all these reasons, the judgment which I was poised to hand down on 13 June 2025 (Part 2) stands, after the resolution of the early release controversy (§§37, 49 above). I decline the Respondent’s invitation to reverse the outcome. The appeal succeeds. The Appellant will be discharged. In these updated circumstances, I can finally return (see §47 above) to any consequential matter arising. In light of the terms of the judgment as now finalised, Counsel are agreed that I should order as follows, as I do: (1) the application to adduce fresh evidence is granted; (2) the appeal in respect of Article 8 is allowed; (3) the Order for extradition is quashed; (4) the Appellant shall be discharged in relation to these proceedings; and (5) there shall be an assessment of the Appellant’s publicly funded costs.
- Heading
- FORDHAM J
- PART 2. THE ORIGINAL JUDGMENT
- Qualifying Curfew in UK and French Domestic Law
- Four Components
- A and Doga
- Expert Evidence and the Chance to Respond
- Further Information and a Reply
- Background
- Evidence Ventilated in Previous Cases
- A Sole Viable Point
- The Article 26/624 Mechanism
- Deprivation of Liberty
- Article 716-4 of the French Code
- “Detention” and ‘Exclusive Competence’ of the IJA
- Responsibilities of the EJA
- These EMCs are not a Deprivation of Liberty
- Restriction of Liberty
- Article 142-11 of the French Code
- The French Appellate Courts
- The French Supreme Court’s Review Role
- Qualifying Curfew and ‘Exclusive Competence’ of the IJA
- EMHA is an Evaluative Question
- Article 142-11 is a Duty
- Very Clear Cut
- The Evidence
- This Case
- Conclusion
- PART 3. THE RESPONDENT’S REQUEST
- Andrysiewicz
- The Request
- Injustice
- Very Clear-Cut
- Conclusions
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