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

I have found it helpful to keep in mind the following four distinct components to the idea of Qualifying Curfew being applied under French domestic law to a requested person whose extradition is sought. First, there is a who component. This is about who decides whether the deduction as time-served falls to be made in the individual case. The answer is that it is the French decision-makers; ultimately the French courts. Secondly, there is a when component. This is about the point in time at which the decision-maker decides whether the deduction as time-served falls to be made in the individual case. The answer is that this is after the extradition has taken place and the requested person is in France. Thirdly, there is a what component. This about what criteria are applied, when the decision-maker comes to decide whether a deduction as time-served should be made. The answer is that the French decision-maker asks whether the EMC constitutes EMHA. Fourthly, there is a whether component. This is about the prospect that the relevant decision-maker at the relevant time applying the relevant criteria will make a favourable decision and make a deduction as time served.