Prisoners to argue unlawful detention after ruling on suspended sentences

A landmark High Court ruling yesterday opens the way for certain prisoners to argue they are unlawfully detained — but many experts predict the numbers involved are quite small.

Prisoners to argue unlawful detention after ruling on suspended sentences

A range of legal sources said the ruling could benefit people serving a reactivated suspended sentence who have lodged an appeal.

The High Court ruled that a legal provision — section 99 of the Criminal Justice Act 2006 — is unconstitutional as it does not provide people affected by it the same right of appeal as everyone else.

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