Supreme Court finds third way between Strasbourg and House of Lords


UK Human Rights Blog

ukSupremeCourt_2288070bR (Haney and others) v. Secretary of State for Justice, 10 December 2014read judgment

Indeterminate sentences and the inadequate funding of rehabilitation during them has posed problems since Imprisonment for Public Protection (IPP) sentences hamstrung the system. The courts here and in Strasbourg have been in two minds what to do about cases where prisoners have not received the assistance they ought to have received – and hence are not, by domestic standards, ready for release.

Two solutions have been proposed to date. The House of Lords in R (James)  [2009] UKHL 22 decided that this did not amount to a breach of Article 5 of the Convention. When James got to Strasbourg, the ECtHR (2013) 56 EHRR 12 disagreed; continued detention was unlawful.

The Supreme Court found a third way, as we shall see. Another example of our courts’ increasing confidence when confronted with a Strasbourg decision they think…

View original post 1,068 more words

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