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Overall scheme of art 5 imposed an implied ancillary duty to the Secretary of State to facilitate prisoner’s rehabilitation and release

R (Haney, Kaiyam & Massey) v Secretary of State for Justice and another case [2014] UKSC 66

Related Member(s):
Hugh Southey QC
Related Practice Area(s):
Prison Law, Public Law
Court:

Joined appeals relating to prisoners sentenced to imprisonment for public protection or life imprisonment which raised the issue of whether the court was bound to follow the ECtHR ruling in James v UK. The Court unanimously allowed Haney and Massey’s appeals under art 5. It stated that it was not bound by James v UK. However the overall scheme of art 5 did impose an implied ancillary duty to the Secretary of State to facilitate prisoner’s rehabilitation and release.

Hugh Southey QC was involved in this case