Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

The claimant challenged the lawfulness of his detention between 15 January and 4 March 2021 (‘the unlawful detention challenge’). He was arrested on 15 January 2021 on the basis that he was unlawfully at large and returned to prison to serve the remainder of the determinate sentence imposed by Southwark Crown Court on 9 February 2018. He had been released on licence in April 2019, but his licence was revoked after the commission of a further offence. Although the revocation occurred on 10 January 2020, the claimant was not aware of this and his probation officer led him to believe that his licence had expired unrevoked. As his sentence was originally due to expire on 2 July 2020, his arrest some six months later came as a considerable shock to him. The claimant accepted that the revocation of his licence and his recall to prison were lawful as a matter of domestic law pursuant to s.254 of the Criminal Justice Act 2003 and s.49 of the Prison Act 1952. However, he contended that his detention was in breach of Article 5(1) of the European Convention on Human Rights


The Honourable Mrs Justice Heather Williams DBE


[2022] EWHC 722 (Admin)




England and Wales


Updated: 25 April 2022; Ref: scu.675322