P, R (On the Application Of) v Secretary of State for the Home Department

(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Paul Bowen (instructed by Scott-Moncrieff, Harbour & Sinclair) for the Claimant Natalie Lieven (instructed by the Treasury Solicitor) for the Defendant ____________________

Does Article 5.4 require a single tribunal to determine the lawfulness of detention?

Is the continuing application of the restrictions applicable to a restricted patient who is held by a tribunal to present a risk only to himself incompatible with the Convention?

i) It is likely to be rare, since the court would not have imposed a life sentence unless the prisoner constituted a serious risk to the public and had been convicted of a serious offence or offences of violence to others.