May LJ said that if the State was in breach of its Article 3 obligations, that had to be remedied. If the only way to remedy was to release the prisoner, then the Secretary of State for Justice would be obliged to order his immediate release.
Judges:
May, Buxton, Sedley LJJ
Citations:
[2005] EWCA Civ 275
Links:
Statutes:
European Convention on Human Rights 3
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Qazi and Another CACD 4-Nov-2010
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights.
Held: The court set out the law. A court imposing a sentence should not concern itself with the . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 29 June 2022; Ref: scu.223681
