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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll