A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4).
Judges:
Judge Milwyn Jarman QC
Citations:
[2010] EWHC 1557 (Admin)
Links:
Statutes:
Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4)
Citing:
Applied – Benson, Regina (on the Application of) v Secretary of State for Justice Admn 20-Aug-2007
The claimant complained that the revocation of his home detention licence under section 255 was an infringement of his human rights.
Held: There had been no deprivation of liberty.
Collins J said: ‘In my judgment, having regard to the . .
Cited by:
Cited – Whiston, Regina (on The Application of) v Secretary of State for Justice CA 25-Oct-2012
The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 21 August 2022; Ref: scu.420410