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 various authorities, it would be wrong for me to decide that Article 5(4) does apply in the … Continue reading Benson, Regina (on the Application of) v Secretary of State for Justice: Admn 20 Aug 2007
The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other opportunity to make representations, was infringement of his human rights. Held: The appeal … Continue reading Whiston, Regina (on The Application of) v Secretary of State for Justice: CA 25 Oct 2012
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: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010
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