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Sentence – Custodial sentence. Following the quashing of his indeterminate sentence, the claimant claimed for damages on the grounds that his detention after the expiry of the minimum term had been unlawful and was incompatible with art 5 of the European Convention on Human Rights. The Court of Appeal, Civil Division, in dismissing the claim, held that an appeal decision quashing a sentence did not render detention pursuant to that sentence unlawful within art 5(1) of the Convention. Further, as arbitrariness was predicated on unlawfulness, the claimant could not succeed in relation to the sentence.
Sentence – Custodial sentence. Following the quashing of his indeterminate sentence, the claimant claimed for damages on the grounds that his detention after the expiry of the minimum term had been unlawful and was incompatible with art 5 of the European Convention on Human Rights. The Court of Appeal, Civil Division, in dismissing the claim, held that an appeal decision quashing a sentence did not render detention pursuant to that sentence unlawful within art 5(1) of the Convention. Further, as arbitrariness was predicated on unlawfulness, the claimant could not succeed in relation to the sentence.
The Bar Council faces both opportunities and challenges on our key areas this year
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Casey Randall explores what makes AlphaBiolabs the industry leader for court-admissible DNA testing
By Louise Crush of Westgate Wealth Management
A family lawyer has won a £500 donation for her preferred charity, an education centre for women from disadvantaged backgrounds, thanks to drug, alcohol and DNA testing laboratory AlphaBiolabs’ Giving Back campaign
Louise Crush of Westgate Wealth Management highlights some of the ways you can cut your IHT bill
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
Are Birmingham’s Intensive Supervision Courts successfully turning women offenders’ lives around? Chloe Ashley talks to District Judge Michelle Smith
Professor Dominic Regan and Seán Jones KC identify good value bottles across the price spectrum – from festive fizz to reliable reds
Governments who play fast and loose with the law get into real trouble, says the new Attorney General. The Rt Hon Lord Hermer KC talks to Anthony Inglese CB about what drew this boy from Cardiff to the Bar, bringing the barrister ethos to the front bench, and how he will be measuring success
