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Sentence – Custodial sentence. Following the quashing of his indeterminate sentence, the claimant claimed for damages on the grounds that his detention after the expiry of the minimum term had been unlawful and was incompatible with art 5 of the European Convention on Human Rights. The Court of Appeal, Civil Division, in dismissing the claim, held that an appeal decision quashing a sentence did not render detention pursuant to that sentence unlawful within art 5(1) of the Convention. Further, as arbitrariness was predicated on unlawfulness, the claimant could not succeed in relation to the sentence.
Sentence – Custodial sentence. Following the quashing of his indeterminate sentence, the claimant claimed for damages on the grounds that his detention after the expiry of the minimum term had been unlawful and was incompatible with art 5 of the European Convention on Human Rights. The Court of Appeal, Civil Division, in dismissing the claim, held that an appeal decision quashing a sentence did not render detention pursuant to that sentence unlawful within art 5(1) of the Convention. Further, as arbitrariness was predicated on unlawfulness, the claimant could not succeed in relation to the sentence.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control