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Prisoners' detention 'unlawful' Prisoners' detention 'unlawful'
(30 minutes later)
The sentences of hundreds of prisoners could be affected after appeal judges ruled ministers acted unlawfully by keeping some inmates in jail too long.The sentences of hundreds of prisoners could be affected after appeal judges ruled ministers acted unlawfully by keeping some inmates in jail too long.
The Court of Appeal said the government failed to provide inmates serving indeterminate sentences with courses to show they were safe for release.The Court of Appeal said the government failed to provide inmates serving indeterminate sentences with courses to show they were safe for release.
This meant some were being held for longer than necessary, judges found. This meant some were being held longer than necessary, judges concluded.
The ruling came after a case brought by a sex offender who had been handed an indeterminate jail sentence. In another ruling, the court found the parole system in England and Wales was not independent enough from government.
Appeal judges upheld an earlier High Court decision that the Parole Board did not comply with the human rights of offenders because it lacked the independence from ministers required to make prisoner release decisions.
Life prisoners
The ruling on indeterminate sentences came after an appeal by sex offender David Walker in July last year who argued he could not be considered for release because his jail did not offer a parole course.
He was given an indeterminate sentence with a minimum tariff which expired in October, but he was unable to be considered for release until he had gone through the parole procedure, which included going on a parole course.
But his lawyers said there were no parole courses for life prisoners at his category of jail. They claimed he was therefore being subjected to arbitrary detention in breach of his human rights.
Appeal judges at the time ruled in his favour and have now rejected an appeal by the Ministry of Justice against the decision.