Source: All England Reporter
Publisher Citation: [2009] All ER (D) 69 (Aug)
Neutral Citation: [2009] EWHC 2359 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Rabinder Singh QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Parishil Patel and Marcus Rickard (instructed by Parfitt Law) for the claimant.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 7 August 2009

Catchwords

Sentence - Custodial sentence - Licence - Claimant receiving eight years determinate sentence for index drugs offence - Release on licence subject to conditions - Arrest for assault - Standard recall by Secretary of State - Claimant eligible for automatic release - Parole board not recommending release - Whether recall decision irrational - Whether claimant eligible for fixed term recall - Whether human rights breached - European Convention on Human Rights, art 5(1) - .

The Case

Sentence Custodial sentence. Queen's Bench Division, Administrative Court (London): The decision of the Secretary of State to recall the prisoner on licence was not irrational given that it could not be said that the prisoner posed no risk to members of the public. The fact that there was no link between the index offence and the offence for which the prisoner was recalled was irrelevant and was not in breach of the prisoner's rights under art 5(1) of the European Convention on Human Rights.

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