AC-2024-LON-002099 - [2025] EWHC 1980 (Admin)

The weight to be attached to a curfew restriction is highly fact-specific (Morris J’s proposition 3 in Leszczynski). I accept the respondent’s submission that there is little evidence of any “material effect” on the appellant’s private life caused by the curfew. I do not accept the mathematical analysis advanced by the appellant in modified form as accurately reflecting the objective weight to be attached in this case. There is no evidence that in Romania curfews act to reduce a prison sentence and indications from other cases is that they do not. Therefore, I accept the respondent’s submission that the full 6 months’ custodial term remains outstanding, subject to the early release argument that I must consider next.

I do accept, however, that the fact of the limited degree of restriction on the appellant’s liberty should be taken into account in considering whether it is proportionate to extradite him in any article 8 reconsideration. I must emphasise that I regard this factor as possessing little weight in his favour, given the limited nature of the interference.