Morgan & Ors v Ministry of Justice (Northern Ireland) [2023] UKSC 14 (19 April 2023)
Citation:Morgan & Ors v Ministry of Justice (Northern Ireland) [2023] UKSC 14 (19 April 2023)
Rule of thumb:When a prisoner reaches the point of being able to apply for parole/early release/license into their prison sentence, is it the parole rules at the time when the prisoner was sentences which have to be applied by the parole board, or is it the parole rules when the prisoner actually reaches the point of being able to apply for this? It is the parole rules in effect at the time when the prisoner reaches the point of being able to apply for this which regulate the availability of parole/license/early release.
Background facts:The basic facts of this case were that Morgan and others were convicted of terrorism offences. They were sentenced to terms and told that at the halfway point they would be eligible to apply for license, parole etc. Before these prisoners had reached the halfway point, the NI legislature introduced an Act stating that if a person was convicted for a terrorist-related offence then they could not apply for early release etc until they reached the 2/3 stage of their sentence. These prisoners put in their application for early release at the halfway point of the sentence, but the Parole Board refused to hear it, citing the Act affirming the 2/3 sentence rule.
Parties argued:This case invoked the law of prison & rehabilitation as well as the human rights to non-retrospective laws & to liberty. The prisoners argued that the early release laws were applied after they had been sentenced so it did not apply. The Ministry of Justice argued that the early release part of their sentence had not kicked in so it was a valid law.
Court held:The Court upheld the arguments of the Ministry of Justice. The Court affirmed the maximum length of custodial sentence, but affirmed the point at which time they would be handed over to the Parole Board to apply for early release. However, the Court affirmed that it is the law of early release which applies once they reach that part of the process, and not the law of early release when first sentenced. In short, it is the law of early release which applies at the point they enter that part of their sentence. The Court affirmed that this was not retrospective laws because this sentence only affirmed that this was when they had the right to apply for early release, it did not guarantee them early release.
Ratio-decidendi:
‘123. I consider that the change in the regime for the release on licence of the respondents met the qualitative requirements of “lawfulness” in article 5(1)(a) in respect of their detention. I come to that conclusion for several reasons. First, the term of the sentences imposed on the respondents were calculated without account being taken of the early release provisions under articles 8 and 17 of the 2008 Order; see paras 14 and 53 above. Second, the lawfulness of the respondents’ detention was decided for the duration of the whole sentence, by the determinate custodial sentences imposed by Colton J; see para 15 above. Third, the fact that the respondents expected to be released on licence at the halfway point does not affect the analysis that the determinate custodial sentences provided legal authority for their detention throughout the terms of the sentences imposed by Colton J. Fourth, it is entirely foreseeable, if necessary with appropriate legal advice, that during the currency of a determinate custodial sentence, which was calculated and imposed without account being taken of the possibility of early release, the arrangements for the manner of execution of the sentence might be changed by policy or legislation’, Lord Stephens at 123-127.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.