header-logo header-logo

26 July 2018 / George Hepburne Scott
Issue: 7803 / Categories: Features , Brexit , Criminal
printer mail-detail

French prisons in the dock

nlj_7803_scott

George Hepburne Scott reports on a sea-change in the approach to extraditions to France

  • The Administrative Division of the High Court has ruled that there is a real risk that French Prison conditions amount to ‘inhuman or degrading treatment’ of prisoners.

On 12 July 2018, Singh LJ and Carr J handed down the much awaited judgment in Shumba and another v Public Prosecutor in Nanterre County Court, France and others [2018] EWHC 1762 (Admin), [2018] All ER (D) 79 (Jul) the first case in which conditions in French prisons which were criticised by the recent Committee for the Prevention of Torture (CPT) report dated 7 April 2017, have been considered.

The practical impact of this judgment cannot be overstated. It represents a sea-change in the British Court’s approach to extraditions to France and may well complicate the post-Brexit EU-UK extradition negotiations.

In essence, under Article 3 of the European Convention on Human Rights (ECHR), a court may refuse to extradite a requested person if there is a real risk

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll