[2009] UKHL 22

Where a prisoner serving an indeterminate sentence of imprisonment for the protection of the public was, after the expiry of his tariff period, unable to demonstrate his safety for release, his continued detention was not unlawful at common law. Nor did it breach the European Convention on Human Rights 1950 art.5(4), and nor did it breach art.5(1) unless there had been a period of years without any effective review.

HL (Lord Hope of Craighead, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Judge)

06/05/2009

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