||All England Reporter
|| All ER (D) 382 (Nov)
||Court of Appeal, Civil Division
Sir Anthony Clarke MR, Smith and Maurice Kay LJJ
||Hugh Southey (instructed by Fisher Meredith) for the claimant.
||Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State.
||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).
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in breach of art5 of the European Convention on Human Rights: on the contrary, it enabled a person whose licence had been revoked to make representations at any stage.
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