The WLR Daily case summaries
[2021] WLR(D) 497
Court of Appeal
Regina (Huxtable) v Secretary of State for Justice
[2021] EWCA Civ 1394
2021 July 14; Sept 23
Fulford, Coulson, Haddon-Cave LJJ
Prisons— Prisoners’ rights— Release on licence— Parole Board decision that prisoner serving sentence of imprisonment for public protection suitable for release— Rule providing that such decision provisional and subject to reconsideration for 21 days before becoming final— Whether rule ultra vires— Whether rule made “with respect to the proceedings of the Board”— Whether reconsideration mechanism affecting substantive powers of Parole Board— Whether continued detention pending reconsideration in breach of Convention right to liberty—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
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Criminal Justice Act 2003 (c 44), s 239(5)
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Parole Board Rules 2019
(SI 2019/1038), rr 9, 28