*Brown v Parole Board for Scotland and others

Human rights – Right to liberty and security. Prisoners who were detained during the custodial term, or during a period ordered to be served under s 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993, were during that period in an analogous position to prisoners serving determinate sentences. Consequently, the Supreme Court held that, in the context of indeterminate public protection sentences, the reasoning, which had led the European Court of Human Rights to decide that art 5(1)(a) of the European Convention on Human Rights had imposed an obligation to provide the prisoner with a real opportunity for rehabilitation, was equally applicable.

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