Quaye (claimant/respondent) v The Secretary of State for Justice (defendant/appellant)
Tuesday 11 – Wednesday 12 February 2025
By Appellant’s Notice filed on the 15 April 2024, this is an appeal against the order made in the Administrative Court dated 9 February 2024.
The Respondent stabbed a man to death at a party when he was 17 years old. On 16 January 2016 he was sentenced to Detention with a minimum term of 15 years.
When he was sentenced, the Respondent had a right to apply in due course for a review of his minimum term. That right was removed statutorily by s.27A(1) & (11) Crime Sentences Act 1997 which restricted the right to those who were under the age of 18 when sentenced.
The Respondent applied pursuant to section 4(2) of the Human Rights Act 1998 for a declaration that section 128 of the 2022 Act together with section 27A(1) and 27A(11) is incompatible with his Convention rights.
William Davis LJ and May J sitting in the Divisional Court found that the sections are indeed incompatible with articles 5 and 14 of the European Convention.
The Secretary of State now appeals.
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