UKSC/2014/0030

R (on the application of Robinson) (Appellant) v The Governor of HMP Whatton and Another (Respondent)

Judgment given

Case summary
Judgment details
Appeal

Case summary

Case ID

UKSC/2014/0030

Parties

Appellant(s)

Andrew Robinson

Respondent(s)

Secretary of State for Justice

Issue

Whether, following the approach in James v UK, the appellants were arbitrarily detained in breach of article 5(1) of the European Convention on Human Rights by reason of a failure to provide essential coursework needed for a prisoner serving a sentence of imprisonment for public protection (‘IPP’) to demonstrate that he could safely be released; and whether damages were required to provide just satisfaction for such breach

Facts

Mr Robinson received an IPP sentence in October 2006 after his conviction for sex offences. His tariff period of 7 years expired on 10 December 2012. He had completed some treatment programmes by that date but was unable to demonstrate to the Parole Board that it was safe to release him then because he had yet to be offered a place on a the Extended Sexual Offenders Treatment Programme (‘ESOTP’). He commenced the ESOTP in July 2013. Mr Massey received an IPP sentence for sexual offences in May 2008, with a tariff period of two and half years. The ESOTP was recommended to address his offending but a place was not offered to him until May 2013, over 3 years after his tariff period had expired, and required a further 16 months’ work.