Source: All England Reporter
Publisher Citation: [2005] All ER (D) 382 (Nov)
Court: Court of Appeal, Civil Division

Sir Anthony Clarke MR, Smith and Maurice Kay LJJ

Representation Hugh Southey (instructed by Fisher Meredith) for the claimant.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 November 2005


Prison - Prisoner - Release on licence - Parole Board recommending revocation of licence of prisoner released on licence - Whether decision leading to arbitrary detention - Whether decision breaching right to liberty and security - , s 39 - , Sch 1, Pt I, art 5(1), (4).

The Case

Section39 of the Criminal Law Act 1991 did not authorise arbitrary detention in breach of art5 of the European Convention on Human Rights: on the contrary, it enabled a person whose licence had been revoked to make representations at any stage.

Practice Areas

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