Extradition to France: Major Breakthrough for George Hepburne Scott’s Client
By George Hepburne Scott, specialist extradition barrister and Head of Extradition at Church Court Chambers 9 October 2026
A sustained defence challenge led by George Hepburne Scott has been followed by a major breakthrough in a French extradition case: the CPS has informed the High Court that the National Crime Agency reports that the French arrest warrant has been withdrawn.
The update came on 9 October 2026, shortly before a renewed application for permission to appeal listed for 13 October. Authenticated confirmation and the formal court steps remain outstanding. The CPS has indicated that, if the information is confirmed, the hearing will no longer be required.
At the centre of the defence was a powerful question: why extradite someone to serve a prison sentence when the evidence of French law says that the sentence has already been exhausted by time spent in custody and on an electronically monitored curfew in the UK?
Challenging extradition to France after an extradition order
The French request concerned a two-year prison sentence imposed following a conviction in absence for offences dating from 2014–2015. The client was arrested in the UK in August 2024, and extradition was ordered in April 2025.
George pursued the challenge in the High Court. Permission to appeal was refused on the papers in March 2026, but the defence continued through a renewed application and further evidence. The renewed challenge focused on Article 8 of the European Convention on Human Rights and the proportionality of extradition.
That persistence mattered. The case developed beyond the circumstances considered when extradition was originally ordered: as time passed, the legal significance of the client’s lengthy curfew became increasingly important.
The fresh evidence: had the French sentence already been served?
George’s further fresh-evidence application relied on an updating opinion from Paul Aprile, a lawyer at the Paris Bar acting for the client in France.
The evidence recorded seven days in custody and an uninterrupted electronically monitored curfew beginning on 31 August 2024, running daily from 7pm to 6am. Mr Aprile’s opinion was that, under the applicable French law, the relevant period was deductible from the French custodial sentence.
His conclusion was unequivocal: by September 2026, the custody and curfew credit had exceeded the two-year sentence, leaving no custodial balance to serve.
George’s application brought the consequence into sharp focus. The justification for extradition had rested on enforcing a substantial outstanding sentence. The fresh evidence challenged that premise directly. It was no longer simply an argument that restrictive bail conditions deserved weight: it was an argument that those conditions had exhausted the sentence itself.
A focused legal challenge supported by French-law evidence
The application relied on the line of authorities including A v France [2022] EWHC 3214 (Admin), Doga v France [2023] EWHC 2561 (Admin) and Prisacari v France [2025] EWHC 1416 (Admin), concerning the significance of UK electronically monitored curfew in French extradition cases.
The defence submitted that removing the client from his established private and family life to enforce a sentence already exhausted would fundamentally alter the Article 8 balance. The application also recorded repeated approaches by French counsel to the prosecuting authorities seeking withdrawal of the warrant or consideration of an alternative mechanism.
Following the defence request, the CPS made enquiries of the French authorities. Its subsequent update reported the NCA’s information that the warrant had been withdrawn. The email does not give the French authorities’ reasons for withdrawal, and no High Court determination accepting the defence arguments has yet been made.
Why this French extradition case matters
This is a significant development for the client and a compelling example of George Hepburne Scott’s detailed, persistent approach to extradition defence: maintaining a challenge after an initial refusal, obtaining evidence of foreign law and identifying how later developments can change the basis of an extradition request.
It also highlights a practical issue for people facing extradition from the UK. The sentence described in a warrant may require careful reassessment against custody, bail restrictions and the law of the requesting country. A curfew does not automatically defeat extradition; the particular foreign-law evidence and individual circumstances are crucial.
This development follows George’s earlier successful French warrant challenge in N.C. v France, where withdrawal led to the client’s discharge. Further examples of his work appear in the notable extradition cases and High Court appeals collection.
Facing a French extradition warrant?
George Hepburne Scott represents clients in contested extradition proceedings and High Court appeals, including cases involving French arrest warrants, convictions in absence, human rights and evidence of foreign law.
If you or a family member faces extradition to France, or an extradition order has already been made, contact George Hepburne Scott for specialist extradition advice and representation.
Call 020 3597 7595 or email enquiries@ukextraditionlawyer.com.
Case update as at 9 October 2026. Formal confirmation of withdrawal and the consequential court order are awaited. This article provides general information and is not advice on an individual case.
