Ratio Decidendi
Prisoners serving indeterminate sentences for public protection (IPP) have a right to have access to rehabilitative courses that would enable the Parole Board to assess whether they can safely be released. Systemic failure to provide such courses may violate Article 5 ECHR.
Facts
IPP prisoners had served their minimum terms but could not demonstrate reduced risk because the courses they needed to complete were unavailable. They challenged the lawfulness of their continued detention.
Judgment Summary
The Supreme Court held that the failure to provide IPP prisoners with reasonable opportunities to demonstrate reduced risk rendered their continued detention arbitrary and potentially in breach of Article 5(1) ECHR.
Key Quotes
"A real opportunity for rehabilitation must be afforded to the prisoner."
— Lord Reed
Subsequent Treatment
Contributed to the eventual abolition of IPP sentences (though existing IPP prisoners remain affected).