A test case on extradition has been granted permission to appeal to the Supreme Court. Writing in this week’s NLJ, George Hepburne Scott, barrister at Church Court Chambers, explains the issue—a lack of consensus among High Court judges about the extent to which they can take account of the prospect of early release overseas.
Hepburne Scott writes: ‘In England and Wales, most prisoners are subject to automatic early release at the halfway point. However, the position in relation to other jurisdictions is not so straightforward. This can become critical to the Art 8 assessment due to the concept of “qualifying remand”.’ Poland, for example, operates a discretionary early release at the halfway point. The judge in England must take this account when considering the case.
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