Mr B was sought by France pursuant to a conviction warrant to serve a sentence of six months’ imprisonment.
The principal argument advanced on his behalf was that the time spent subject to an electronically monitored curfew as part of his bail conditions in the extradition proceedings meant that he had served his sentence according to French law, relying on the decisions in A v France [2022] EWHC 3214 (Admin) and Doha v France [2023] EWHC 2561 (Admin). It was argued that his extradition would amount to a disproportionate breach of his rights under Article 8 of the European Convention on Human Rights and would be abusive.
Mr B’s legal team obtained expert evidence demonstrating how the French law would be applied in his case. Given the strength of that evidence, District Judge Matson listed the matter and removed the curfew, electronic monitoring, and reporting requirements from Mr B’s bail conditions.
The French authorities were directed to provide further information and declined to do so. One month later, the French authorities withdrew the warrant and Mr B was formally discharged by District Judge Pilling.
Frank Brazell of Sperrin Law initially instructed Jonathan Swain to represent Mr B, the matter was transferred to Douglas Wotherspoon the day before the substantive hearing.
