QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE BURNETT
| The Queen on the Application of Geoffrey Massey
|- and -
|Secretary of State for Justice
Mr Andrew Deakin (instructed by Treasury Solicitors) for the Defendant
Hearing date: Thursday 16th May 2013
Crown Copyright ©
Lord Justice Moses:
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if his detention is not lawful."
Art. 14 provides:
"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
(1) Where P-
(a) is a life prisoner in respect of whom a minimum term order has been made,
(b) is liable to removal from the United Kingdom he had been liable to removal from the United Kingdom, the Secretary of State may remove P from prison under this section at any time after P has served the relevant part of the sentence (whether or not the Parole Board has directed P's release under section 28)".
"The essential point, in my view, is that the position of, and statutory release arrangements for, prisoners who are liable to be removed from the United Kingdom are not analogous with those for prisoners who are not so liable to be removed. The different regimes are in place not because of differences in nationality, but because the first class of prisoner is liable to be removed and the second is not. The two situations are not comparable. Release on home detention is to be seen as a relaxation of a custodial sanction. Release for the purposes of removal is to enable a different sanction from imprisonment in this country to be brought into effect. Such prisoners are not released into the community."(May P )
Mr Justice Burnett