The Weekly Law Reports
[2018] 1 WLR 2170
Court of Appeal
*Regina (Bowen)
v
Secretary of State for Justice
Regina (Stanton)
v
Secretary of State for Justice
[2017] EWCA Civ 2181
2017 Nov 28,
29;
Dec 20
Dec 20
Sir Terence Etherton MR, McCombe, Ryder LJJ
Prisons— Prisoners’ rights— Release on licence— Prisoners serving indeterminate sentences after expiry of minimum custodial term— Parole Board directing release subject to conditions including residence in specific approved premises— Delay between direction of Parole Board and places at approved premises becoming available— Whether detention between date of direction and release lawful— Whether continued detention in breach of Secretary of State’s public law duty— Whether in breach of prisoners’ Convention rights—
Crime (Sentences) Act 1997 (c 43), s 28 (as amended by Criminal Justice and Court Services Act 2000 (c 43), s 74, Sch 7, para 136(a) and Criminal Justice Act 2003 (c 44), s 275(2)(4))
— Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
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