“…The essence of the appellant’s argument is that the opinion of the majority of the Supreme Court in Whiston v Secretary of State for Justice [2015] AC 176, namely that article 5(4) did not apply to the recall from parole licence of determinate sentence prisoners, was obiter. This is said to conflict with the bind…”
“…n itself rendering the detention lawful for the duration of the sentence period: see, for example, R (Whiston) v Secretary of State for Justice [2014] UKSC 39; [2015] AC 176, and the cases cited there. The question which arises in the present appeal is whether, and if so how, the obligation to provide an opportunity for rehabilitat…”
“…respondent relies as binding authority for this conclusion on the decision of the Supreme Court in R (Whiston) v Secretary of State for Justice [2014] UKSC 39; [2015] AC 176.…”