George Hepburne Scott discusses the prospect of early release overseas during extradition proceedings, in New Law Journal

Writing in New Law Journal, George Hepburne Scott explores several recent High Court extradition appeal decisions in relation to the prospective application of early release in foreign jurisdictions. He suggests that such assessments can play a crucial aspect in these proceedings, in particular regarding how the Court assesses whether requested individuals would be subject to immediate release.

George delves into the case of Dobrowolski v District Court in Bydgoszcz Poland [2023] EWHC (Admin), where the Fordham J considered the prospect of early release, and found that the court should have “regard to the reality” of early release prospects.

He further discusses Sir Duncan Ouseley’s decision last year in Talaga v Polish Judicial Authority [2024] EWHC 3015 (Admin), where Ouseley essentially accepted the submission that the prospect of early release in Poland under Art 77 of the Polish Penal Code was highly likely, and thus a material consideration under the Art 8 (ECHR) assessment.

George’s article was published in New Law Journal, 23 January 2025.