Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law

Strasbourg_ECHR-300x297Kaiyam v Secretary of State for Justice and Haney v Secretary of State for Justice (9 December 2013) [2013] EWCA Civ 1587 – read judgment

The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.

The appellant prisoners claimed that their continued detention breached the Article 5, and in one case Article 14.  The courts at first instance had been  obliged to dismiss the claims under Article 5 in the light of the House of Lords decision in  R(James and others) v Secretary of State for Justice [2009] UKHL 22[2010] 1 AC 553, notwithstanding that Strasbourg subsequently held in James, Wells and Lee v United Kingdom that the House of Lords decision was wrong. Continue reading

“Murder most foul”: whole life imprisonment not a human rights breach

Oakes and others v R [2012] EWCA Crim 2435 – read judgment

The imposition of whole life orders for extremely serious crimes does not violate the prohibition on inhuman and degrading treatment under Article 3.

Until relatively recently, the Secretary of State decided the minimum term to be served by a “lifer” – a defendant who subjected to a sentence of life imprisonment. This is now a matter for the sentencing judge whose jurisdiction is conferred by the 2003 Criminal Justice Act. Schedule 21 para 4 allows judges to order a whole life minimum term,  a jurisdiction of last resort in cases of exceptional criminality.

It was submitted in these conjoined appeals that this provision contravenes Article 3 of the European Convention of Human Rights. Not so, said the Court of Appeal, Criminal Division.

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