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High Court refuses judicial review of applicant who, while serving a prison term in the UK, was transferred to this jurisdiction and now seeks to challenge his detention on that basis it is in breach of the law on transfer of prisoners, the Court finding that the continued detention of the applicant is in accordance with law.
Criminal law – judicial review – prison law – whether the continued imprisonment of the applicant in this jurisdiction is ultra vires – Transfer of Sentenced Persons Acts 1995 and 1997 – 1983 Council of Europe Convention on the Transfer of Sentenced Persons – legal nature of the sentence imposed by the sentencing State in this case is not one of 16 years imprisonment but, in effect, one of eight years spent in custody followed by eight years of release into the community under licence – Sentencing Guidelines Council of England and Wales New Sentences: Criminal Justice Act 2003 – Guideline – punishment imposed on the applicant by that court for the criminal offences of which he was convicted was one of 16 years imprisonment (with 252 days spent in custody on remand to count towards that sentence) – applicant transfer to Ireland – additional period of detention that the applicant may serve in Ireland is not so disproportionate as to entail a breach of Article 5, or any other provision, of the European Convention on Human Rights.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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