Human rights

The Divisional Court, in dismissing the claimant’s application for judicial review, held that it was bound by R (on the application of Clift) v Secretary of State for the Home Department; R (on the application of Hindawi and another) v Secretary of State for the Home Department [2007] 2 All ER 1 to find that a term of imprisonment could not amount to “other status” within Art 14 of the European Convention on Human Rights. However, it was otherwise prepared to conclude that s 246A of the Criminal Justice Act 2003, was incompatible with Art 14.