The Weekly Law Reports
[2022] 1 WLR 813
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— Whether rule ultra vires— Whether rule made “with respect to the proceedings of the Board”— Whether continued detention pending reconsideration in breach of Convention right to liberty—
Crime (Sentences) Act 1997 (c 43), s 28(5)[1]
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Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 5[2]
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Criminal Justice Act 2003 (c 44), s 239(5)[3]
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Parole Board Rules 2019 (SI 2019/1038), rr 19(4), 25(2), 28[4]