The claimant had been sentenced to an indeterminate sentence for public protection with a tariff period of two years and six months. The tariff expired but he was not released. The Parole Board had twice refused to direct his release or recommend his transfer to open conditions. Timetables had been set for him to complete the Extended Sexual Offender Treatment Programme but, he complained that the defendant has failed to provide the opportunity to satisfy that requirement. He complained of dicrimination because, under the 2012 Act, had he been a foreign national, and therefore subject to deportation on release, he would not have had to face this condition and delay.
Moses LJ, Burnett J
 EWHC 1950 (Admin)
Legal Aid, Sentencing and Punishment of Offenders Act 2012
England and Wales
Cited – Stott, Regina (on The Application of) v Secretary of State for Justice SC 28-Nov-2018
Extended Determinate Sentence created Other Status
The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 November 2021; Ref: scu.512262