The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry.
Held: The difference in treatment occurred because of the nationality of the prisoner. Such a decision in respect of French nationals would be discriminatory. It was not for the court to speculate as to the reasons for the policy, but it was discriminatory and unlawful.
Judges:
McCombe J
Citations:
Times 05-Feb-2004, [2004] EWHC 78 (Admin)
Links:
Statutes:
Criminal Justice Act 1991 31, European Convention on Human Rights 14
Jurisdiction:
England and Wales
Cited by:
Cited – Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Prisons, Human Rights
Updated: 09 June 2022; Ref: scu.192687
