Extradition Request to France Successfully Discharged

Our client’s extradition was sought by France pursuant to a conviction warrant in relation an offence of people smuggling. There was an outstanding sentence of 1 year’s imprisonment. Our client’s extradition was previously sought from the UK by Belgium pursuant to an accusation European Arrest Warrant (EAW), where it was alleged that the client along with others was part of a group involved in the people smuggling of migrants from Belgium to the United Kingdom. Further information served in those proceedings alleged that the conduct of the offence also took place in France.

Our client was subsequently extradited to Belgium in October 2021, and a sentence of 50 months was imposed. Our client was released from Belgian custody in May 2022 when the Belgian court of appeal ruled that she need only serve the time spent on remand.  Prior to our client’s departure from Belgium, she was arrested under a French EAW, the Belgian Court refused the extradition request. Our client was then arrested in the UK for the French EAW. A number of bars to extradition were raised, including that extradition would be a disproportionate interference with the client’s right to a private life (Article 8 ECHR).

On 28 May 2024, District Judge Bristow gave a short ex tempore judgment stating that he was satisfied that our client had served the entirety of her sentence taking into account the time she spent in custody in Belgium under the French EAW and on tagged bail in these proceedings, in those circumstances the public interest in extradition was wholly diminished and would be a disproportionate interference with her Article 8 rights. The French Issuing Judicial Authority has confirmed that it will not appeal the decision.

Sonn Macmillan Walker acted throughout both sets of proceedings. Katy Smart was the solicitor with conduct of this case. Ahlam Omar assisted on this matter. Graeme Hall of Doughty Street Chambers was the instructed barrister.