GCN's Pete Weatherby QC and Vijay Jagadesham are to appear in the Supreme Court next week (19 - 21 May 2014) a challenge brought under Article 5 of the European Convention ("right to liberty") on behalf of a prisoner serving an IPP sentence.

Next week the Supreme Court will hear the cases of Kaiyam & ors v Secretary of State for Justice (UKSC 2014/0086).

Mr Kaiyam is an IPP prisoner who was not provided with access to any offending behaviour for just under 3 years.

In his challenge brought under Article 5 of the European Convention (‘right to liberty’), Mr Kaiyam will be asking the Supreme Court to depart from the decision of the House of Lords in R (James and others) v Secretary of State for Justice [2010] 1 AC 553, where the House of Lords held that the failure to provide indeterminate sentence prisoners with the opportunity to reduce their risk was not contrary to the Convention. However the European Court of Human Rights disagreed in its subsequent decision of James, Lee and Wells v United Kingdom (2013) 56 EHRR 12, pointing to international law in relation to the need for prisoners to be given the opportunity to rehabilitate themselves. Pete Weatherby QC represented Mr James in the domestic courts and the European Court; Mr James was awarded 3000 euros for the delay in providing him with access to rehabilitative work.

The hearing in this matter has been expedited in order that the Supreme Court can resolve the difference between the decisions of the House of Lords and European Court. In the Court of Appeal the Master of the Rolls, Lord Dyson, indicated that the case “raises policy questions of some delicacy” ([12]).

Mr Kaiyam is represented by Pete Weatherby QC and Vijay Jagadesham of Garden Court North, instructed by Carl Miles of Burton Copeland LLP .