Practice and Procedure

R (on the application of BLACK) v SECRETARY OF STATE FOR JUSTICE (2009)

PUBLISHED January 21, 2009

[2009] UKHL 1

A prisoner serving a determinate sentence was not entitled by virtue of the European Convention on Human Rights 1950 art.5(4) to a speedy judicial decision on the lawfulness of any continued period of detention once his parole eligibility date had arrived. The secretary of state's power to reject a recommendation of the Parole Board to release such a prisoner on licence at the half way stage of his term was anomalous, but was not contrary to art.5(4).

HL (Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood)