Abuse of process bars extradition to France
An Albanian national, represented by Mary Westcott has been discharged from a French extradition request as an abuse of process. The man was wanted to serve a 12-month prison sentence in that country for offences of aggravated burglary.
Following his extradition arrest, he was released subject to a nightly electronically-monitored curfew for 6-8 hours. Expert evidence confirmed that this would be treated in France as the equivalent of one day served for each night of curfew. This meant that, by the time of the full extradition hearing, the man had effectively served the entirety of his sentence.
In discharging the request, District Judge Zani held that the man’s extradition for purely a technical purpose would amount to an abuse of the court’s process and would also constitute a clearly disproportionate interference with his right to private and family life.
The case is notable for the French sentencing approach and the advantage to requested persons of being subject to electronically-monitored curfews to reduce or serve entirely sentences of imprisonment imposed in that country.