Practice and Procedure

R (on the application of (1) JEFFREY LEE (2) NICHOLAS WELLS) v SECRETARY OF STATE FOR JUSTICE (2008)

PUBLISHED July 25, 2008

[2008] EWHC 2326 (Admin)

The failure to provide rehabilitation courses to prisoners serving indeterminate sentences for public protection was not of itself a breach of the European Convention on Human Rights 1950 art.5(1). The primary reason for the sentence was a prisoner's danger to the public, so there could only be a breach if the failure to provide courses meant that the danger could not be assessed. If the danger could be assessed, the link between the reason for the sentence and the continued detention had not been broken.

QBD (Admin) (Moses LJ)