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Human rights – Right to liberty and security. After having served nearly six years' imprisonment, the Court of Appeal, Criminal Division, allowed the claimant's appeal and imposed a total determinate sentence of three years and six months (see [2013] EWCA Crim 70). The claimant issued proceedings for damages under ss 6(1) and 7(1)(a) of the Human Rights Act 1998 and art 5(1)(a) of the European Convention on Human Rights. The Queen's Bench Division, in dismissing the application, held that the sentence had been passed by a competent court, acting within its jurisdiction, within due procedure and without arbitrariness. In any event, the claim was met by a defence under the limitation period.
Human rights – Right to liberty and security. After having served nearly six years' imprisonment, the Court of Appeal, Criminal Division, allowed the claimant's appeal and imposed a total determinate sentence of three years and six months (see [2013] EWCA Crim 70). The claimant issued proceedings for damages under ss 6(1) and 7(1)(a) of the Human Rights Act 1998 and art 5(1)(a) of the European Convention on Human Rights. The Queen's Bench Division, in dismissing the application, held that the sentence had been passed by a competent court, acting within its jurisdiction, within due procedure and without arbitrariness. In any event, the claim was met by a defence under the limitation period.
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