*Fletcher and others v Governor of HMP Whatton and another

Sentence – Custodial sentence. The claimant prisoners serving sentences of indeterminate imprisonment had been unable to undertake the healthy sex programme recommended for their release. They issued proceedings, contending that the second defendant Secretary of State was in breach of his public law duty and art 5 of the European Convention on Human Rights. The Administrative Court held that the Secretary of State had not made a reasonable provision of systems and resources, as his duty could not be met by identifying a lack of resources. However, the delay was not of the magnitude sufficient to establish liability for infringement of art 5(1) or (4) of the Convention.

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