[2004] EWHC 93 (Admin)

The European Convention on Human Rights 1950 Art.5 conferred a freestanding right to claim compensation in the English courts for unlawful detention. The decision in Dennis Stafford v UK (2002) 35 EHRR 1121 applied to periods of detention that occurred before as well as after that decision was handed down. On the facts, the breach of a prisoner's rights under Art.5 of the Convention had no causal connection with his extended period of detention and therefore the Secretary of State for the Home Department was correct in not awarding him compensation.

QBD (Admin) (Silber J)

28/01/2004