Bayliss v Parole Board of England and Wales and another

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.

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