*R (on the application of Stott) v Secretary of State for Justice

Human rights – Right to liberty and prohibition against discrimination based on 'other status'. The appellant prisoner, who had been sentenced to an extended determinate sentence (EDS) for ten counts of rape, under s 226A of the Criminal Justice Act 2003, had been treated differently on the grounds of 'other status', within the meaning of art 14 of the European Convention on Human Rights. However, the Supreme Court, in dismissing the appellant's appeal, ruled that the aim of the EDS provisions was legitimate and that there was an objective justification for the difference in treatment of EDS prisoners, who were eligible for parole at a later stage than other categories of prisoners serving determinate sentences. Accordingly, there had been no breach of art 14 (taken with art 5) of the Convention. In so ruling, the court departed from the decision in R (on the application of Clift) v Secretary of State for the Home Department; R (on the application of Hindawi and another) v Secretary of State for the Home Department[2007] 2 All ER 1, which had ruled that a term of imprisonment could not amount to 'other status', within art 14 of the Convention.

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