A Discretionary lifer is not entitled to a review by a court of his continued detention. His article five rights were not breached. Where a national court imposed a fixed sentence of imprisonment, the supervision required by article 5.4 was incorporated into that judgment. The court held that the mandatory life sentence belonged to a different category from other sentences because it is imposed automatically as punishment for the offence of murder irrespective of conditions pertaining to the dangerousness of the offender.
Citations:
Ind Summary 26-Sep-1994, Times 27-Jul-1994, 26/1993/421/500, (1994) 19 EHRR 333, 15484/89, [1994] ECHR 24
Links:
Statutes:
European Convention on Human Rights 5.4
Jurisdiction:
Human Rights
Cited by:
Cited – Waite v The United Kingdom ECHR 10-Dec-2002
The claimant had been sentenced to be detained at Her Majesty’s pleasure when a youth. After release on licence, the Parole Board met and revoked that licence without an oral hearing, and in contravention of the rules. He did not dispute the facts . .
Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Cited – Flynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
Cited – Black, 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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 14 November 2022; Ref: scu.90638