Home > Cases > R (Whiston) v Secretary of State for Justice (CA)

The Court of Appeal held a recall to prison from home detention curfew did not constitute a fresh detention, and therefore the provisions of Article 5(4) ECHR did not apply. This meant there was no requirement for a Parole Board consideration of the decision to recall the prisoner.

Nathalie Lieven QC successfully represented the Secretary of State for Justice.

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