Practice and Procedure

R (on the application of STUART WHISTON) v SECRETARY OF STATE FOR JUSTICE (2012)

PUBLISHED October 25, 2012

[2012] EWCA Civ 1374

Recall to prison from home detention curfew under the Criminal Justice Act 2003 s.255 did not constitute a fresh deprivation of liberty sufficient to engage the European Convention on Human Rights 1950 art.5(4) and provide a right of review by the Parole Board or any other judicial body. The renewed detention remained justified by the original sentence of imprisonment because release on home detention curfew was much more closely integrated with the original sentence than release as of right once a custodial period had been completed.

CA (Civ Div) (Pill LJ, Elias LJ, Patten LJ)