Prisoner's rights - release on licence from extended sentence - recall infringement of right to liberty

R (Sim) v Parole Board and another [2003] EWCA 1845: CA (Lord Justice Ward, Lord Justice Keene and Mr Justice Munby): 19 December 2003

The applicant was convicted of indecent assault, sentenced to two and half years' imprisonment and to an extended period of five years.

In July 2001, having been released on licence, he was recalled to prison under section 39 of the Criminal Justice Act 2001.

His representations against the recall were rejected by the parole board.

His application for judicial review to quash the board's decision was dismissed by the judge [2003] 2 WLR 1374, who nevertheless made certain declarations in his favour.

The parole board and the Secretary of State for the Home Department appealed.

Rabinder Singh QC and Nigel Giffin QC (instructed by the Treasury Solicitor) for the secretary of state; Karen Steyn (instructed by the Treasury Solicitor) for the Board; Edward Fitzgerald QC and Kris Gledhill (instructed by Bhatt Murphy) for the applicant.

Held, dismissing the appeal, that the protection afforded by article 5(4) of the Human Rights Convention to have the validity of detention speedily decided by a court applied to a decision to recall and detain an offender serving an extended sentence after his release on licence; that moreover section 44A(4) of the Criminal Justice Act 1991 required the parole board to direct the offender's release unless positively satisfied that public interests required his confinement continue; and that, accordingly, the challenges to the judge's declarations had to fail.

(WLR)