Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008

The prisoner complained of the power given to the defendant to block the early release of prisoners sentenced between certain dates for serious offences, saying that such a decision was for the courts only.
Held: The provision was incompatible with the claimant’s human rights.
Lord Justice May, Lord Justice Latham and Lord Justice Moore-Bick
[2008] EWCA Civ 359, Times 18-Apr-2008, [2008] 3 WLR 845
Criminal Justice Act 1991 35, European Convention on Human Rights 5.1 5.4
England and Wales
CitedIn re De Wilde, Ooms and Versyp v Belgium (No 1) ECHR 18-Nov-1970
The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the lack of effective means for them to challenge their detention. The Belgian government said that the . .

Cited by:
Appeal fromBlack, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .

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Updated: 07 February 2021; Ref: scu.266871