Practice and Procedure

R (on the application of ROBINSON ) v SECRETARY OF STATE FOR JUSTICE (2010)

PUBLISHED May 19, 2010

[2010] EWCA Civ 848

Changes to legislative provisions relating to the early release of long-term prisoners concerned the administration and execution of a sentence rather than the sentence originally imposed, and were therefore outside the scope of the European Convention on Human Rights 1950 art.6. Accordingly, amendments to the Criminal Justice Act 1991 by the insertion of s.50A, which removed a recalled prisoner's automatic entitlement to early release after serving three-quarters of his sentence, did not retrospectively change the original sentence and art.6 was not engaged.

CA (Civ Div) (Lord Neuberger of Abbotsbury MR, Moses LJ, Munby LJ)