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On 23 June 2023 the Court of Appeal (Simler, Phillips and William Davis LJJ) dismissed an appeal by a judicial review claimant challenging the compliance of his detention with Article 5 ECHR.

Mr Kessie-Adjei had been serving a sentence of imprisonment and was released on licence in the ordinary way. His licence was revoked for commission of a further offence and he was recalled to prison - but Mr Kessie-Adjei was not arrested for more than a year, after what he believed, and his probation officer suggested, was the end of his sentence and licence period. The Court of Appeal confirmed that his detention was nonetheless authorised by the original sentence of imprisonment, which, together with the applicable legislation, satisfied the requirements of Article 5.

Tom Richards KC acted for the Secretary of State.

The judgment is available here.

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