Home Secretary's Powers Too Great
R (Clift) v Secretary of State for the Home Department; R
(Hindawi and Another) v Same [2006] UKHL 54
HL
13 December 2006
Daily Law Notes Summary
Ss 46(1) and 50(2) of the Criminal Justice Act 1991, by giving
the Home Secretary rather than the Parole Board power to grant
early release on parole when long-term prisoners were subject to
deportation orders, resulted in unjustified differential
treatment amounting to discrimination under art 14 of the Human
Rights Convention in the enjoyment of the right to liberty under
art 5 thereof. Ss 35 and 50(2) of the 1991 Act, by allowing the
Home Secretary to refuse recommendations by the Parole Board for
early release of long-term prisoners serving 15 years or more,
also resulted in unjustified differential treatment, but not on
an art 14 ground.