[2008] EWCA Civ 359

The Criminal Justice Act 1991 s.35, as applied to those prisoners serving 15 years or more under the 1991 Act, provided for a procedure that did not comply with the requirements of the European Convention on Human Rights 1950 art.5(4) and a declaration of incompatibility under the Human Rights Act 1998 s.4 was therefore granted in relation to that section.

CA (Civ Div) (May LJ, Latham LJ, Moore-Bick LJ)

15/04/2008