The House of Lords addressed the important issue of the legality of detention under common law and the Human Rights Act 1998 of prisoners detained under indeterminate sentences.
Pushpinder Saini QC appeared on behalf of the Parole Board in the House of Lords in the case Secretary of State v James and others which was handed down on 6 May 2009. The House of Lords addressed the important issue of the legality of detention under common law and the Human Rights Act 1998 of prisoners detained under indeterminate sentences in circumstances where the Government had failed to provide the Prison Service with resources to assist such prisoners in establishing their safety for release.