R (on the application of Johnson) v Secretary of State for the Home Department and another [2007] EWCA Civ 427, [2007] All ER (D) 130 (May)
Court of Appeal, Civil Division
Waller, Buxton and Lloyd LJJ
9 May 2007
Article 5(4) of the European Convention on Human Rights (the Convention) applies to a person who has received a determinate sentence of imprisonment, and therefore such a person is entitled to a speedy determination of whether he should be released on licence or parole when he becomes eligible.
Kris Gledhill (instructed by Guile Nicholas) for the claimant.
Steven Kovats and Nicola Greaney (instructed by the Treasury Solicitor) for the defendants.
In May 2000, the claimant was sentenced to seven years’ imprisonment. Under the sentencing regime then in force he thereby became a “long-term prisoner”, entitled to be released on licence after serving two-thirds of his sentence. After half of the sentence he was entitled to be released on licence if the Parole Board so recommended. The claimant became eligible in June 2003. Some six months beforehand, in accordance with standard practice, he received
