Practice and Procedure

R (on the application of MICHAEL SHIELDS) v SECRETARY OF STATE FOR JUSTICE (2008)

PUBLISHED December 17, 2008
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[2008] EWHC 3102 (Admin)

The Convention on the Transfer of Sentenced Persons 1983 (Council of Europe) art.13 did not prevent the Secretary of State for Justice from considering whether to exercise the Royal Prerogative of mercy under art.12 of the Convention in circumstances where a repatriated prisoner was alleging that his conviction for attempted manslaughter by a Bulgarian court constituted a miscarriage of justice in the light of fresh exculpatory evidence.

DC (Sir Anthony May (President QB), Maddison J)

17/12/2008

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