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

Prison – Prisoner. The applicant had been a prisoner serving a determinate sentence when he was released early on licence. He was subsequently recalled to prison by the Secretary of State before his sentence would have expired. The Supreme Court held that the applicant could not invoke art 5(4) of the European Convention on Human Rights as, so long as his sentence period had been running, the article had been satisfied by the sentence which had been imposed at his trial.

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