The Court of Appeal has concluded, in an appeal from a decision on a judicial review, that the ECHR art.3 and art.5(1) rights of an offender serving a sentence of imprisonment for public protection had not been breached by the length of detention as compared to the gravity of his original offending. Nor was the anti-discrimination provision of art.14 engaged because those sentenced in respect of identical offences after a change in the law which took effect shortly after the offender's sentencing would not still be in custody.

Simon P G Murray acted for the successful Secretary of State