Secretary of State for Justice v James (formerly Walker & Anor) : R (on the application of Lee) v Secretary of State for Justice & Anor

Facts

Where a prisoner serving an indeterminate sentence of imprisonment for the protection of the public was, after the expiry of his tariff period, unable to demonstrate his safety for release, his continued detention was not unlawful at common law. Nor did it breach the European Convention on Human Rights 1950 art.5(4), and nor did it breach art.5(1) unless there had been a period of years without any effective review.