[2008] EWHC 1787 (QB)

Home detention curfew operated during the part of a sentence when custody was compulsory, and the review of the lawfulness of detention demanded by the European Convention on Human Rights 1950 art.5(4) would have already been conducted by the sentencing court. A prisoner who had not been released on home detention curfew until after he was eligible, due to a delay by the defendant in making a decision, was not unlawfully detained and therefore not entitled to damages for any alleged breach of art.5(4).

QBD (Cranston J)

28/07/2008