Source: All England Reporter
Publisher Citation: [2017] All ER (D) 01 (Nov)
Neutral Citation: [2017] UKSC 69
Court: Supreme Court
Judge:

Lord Neuberger, Lady Hale, Lord Reed, Lord Hodge and Lord Carloway (Scotland) SCJJ

Representation Dorothy Bain QC and David Leighton (instructed by McGreevy & Co) for the appellant.
  Gerry Moynihan QC and Douglas B Ross QC (instructed by Scottish Government Legal Directorate) for the Scottish Ministers.
  Lord Keen of Elie QC, Tom Weisselberg QC and David Lowe (instructed by Office of The Advocate General of Scotland) for the Advocate General for Scotland.
  Roddy Dunlop QC and Jacqueline Fordyce (instructed by Anderson Strathern LLP) for the Parole Board for Scotland.
Judgment Dates: 1 November 2017

Catchwords

Human rights - Right to liberty and security - Prison

The Case

Human rights Right to liberty and security. Prisoners who were detained during the custodial term, or during a period ordered to be served under of the Prisoners and Criminal Proceedings (Scotland) Act 1993, were during that period in an analogous position to prisoners serving determinate sentences. Consequently, the Supreme Court held that, in the context of indeterminate public protection sentences, the reasoning, which had led the European Court of Human Rights to decide that art 5(1)(a) of the European Convention on Human Rights had imposed an obligation to provide the prisoner with a real opportunity for rehabilitation, was equally applicable.

Practice Areas

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