header-logo header-logo

17 May 2007
Issue: 7273 / Categories: Case law , Law reports
printer mail-detail

PRISONER—RELEASE ON LICENCE —EUROPEAN CONVENTION ON HUMAN RIGHTS

R (on the application of Johnson) v Secretary of State for the Home Department and another [2007] EWCA Civ 427, [2007] All ER (D) 130 (May)

Court of Appeal, Civil Division
Waller, Buxton and Lloyd LJJ
9 May 2007

Article 5(4) of the European Convention on Human Rights (the Convention) applies to a person who has received a determinate sentence of imprisonment, and therefore such a person is entitled to a speedy determination of whether he should be released on licence or parole when he becomes eligible.

Kris Gledhill (instructed by Guile Nicholas) for the claimant.
Steven Kovats and Nicola Greaney (instructed by the Treasury Solicitor) for the defendants.

In May 2000, the claimant was sentenced to seven years’ imprisonment. Under the sentencing regime then in force he thereby became a “long-term prisoner”, entitled to be released on licence after serving two-thirds of his sentence. After half of the sentence he was entitled to be released on licence if the Parole Board so recommended. The claimant became eligible in June 2003. Some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll