Geoffrey Massey (Claimant/Appellant) v Secretary of State for Justice
| Jurisdiction | England & Wales |
| Judge | Lord Justice Laws |
| Judgment Date | 27 March 2014 |
| Neutral Citation | [2014] EWCA Civ 758 |
| Docket Number | Case No: C1/2013/2545 |
| Court | Court of Appeal (Civil Division) |
| Date | 27 March 2014 |
[2014] EWCA Civ 758
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
QUEEN'S BENCH DIVISION
(DIVISIONAL COURT)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Laws
Case No: C1/2013/2545
Mr Philip Rule (instructed by Swain & Co) appeared on behalf of the Claimant
This is a renewed application for permission to appeal against the decision of the Divisional Court (10 July 2013 [2013] EWHC 1950 (Admin), Moses LJ and Burnett J) dismissing the applicant's claim for judicial review. Permission to appeal was refused on the papers by Tomlinson LJ on 11 December 2013.
On 15 May 2008 the applicant was sentenced to imprisonment for public protection with a tariff period of 2 1/2 years. The tariff period expired on 11 September 2010 but he remains in custody. He sought judicial review of his continuing detention on two grounds both arising from the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO"). Both grounds complain of discrimination contrary to Article 14 of the Human Rights Convention. They were explained by Moses LJ in the Divisional Court as follows:
"2. In May 2012 [LASPO] inserted the Tariff Expired Removal Scheme (TERS) into the Crime (Sentences) Act 1997 (s32A, inserted by S119 of LASPO). Under that scheme a foreign national sentenced to IPP, whose tariff period has expired and who is liable to removal will, subject to limited exceptions, be removed from the United Kingdom. The claimant complains that this is unlawful discrimination under Art 14, read with Art 5 of the European Convention on Human Rights, because the foreign national is not required to satisfy the Parole Board that he is no longer a risk to the public before release from imprisonment, whereas the burden to do so continues to be imposed on those who, like the claimant, cannot be removed.
3. LASPO abolished IPP for all persons convicted after 3 December 2012. It introduced Extended Determinate Sentences; these are determinate sentences with an extended licence period which entitle a prisoner to automatic release. Liability to be sentenced to an Extended Determinate Sentence depends on the date of conviction, whether it was before or after 3 December 2012 and not on the date of the offence. Thus, one who committed the same type of offences as the claimant,...
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Keith Guntrip v Parole Board of England and Wales and Another
...was advanced by Mr Rule when he unsuccessfully renewed an application for permission to appeal to the Court of Appeal before Laws LJ [2014] EWCA Civ 758 (27 March 2014) who observed that the argument lacked reality despite the prolix skeleton and the sophisticated oral submissions. 26 We c......