Rapist brings human rights case

An appeal court ruling over a Teesside prisoner's sentence could have far-reaching consequences for the justice system.

It is feared the Appeal Court's decision could lead to many dangerous prisoners being released without any monitoring of them once they are freed.

The news will affect all long-term prisoners, particularly sex offenders, who committed their crimes prior to a 1991 change in the law.

The ruling in a case brought by convicted Teesside rapist Brian Uttley means such prisoners must be unconditionally released after serving two-thirds of their sentences, or their human rights will be violated.

Other prisoners have to serve a licence period after their release taking them up to the three-quarters-mark of their sentences.

During the licence period they can be recalled to prison if they put a foot wrong, but this would not apply to those sentenced before 1991.

'Important issue'

Uttley was jailed in October 1995 for 12 years at Teesside Crown Court for three rapes and other sex offences, which took place in the early 1980s.

Now Uttley is set to be released on 24 October 2003.

Lord Justice Pill said that requiring Uttley to serve a licence period after his release was "incompatible" with European human rights legislation.

Article 7 of the European Convention on Human Rights dictates that no "heavier penalty shall be imposed" on an offender "than the one that was applicable at the time the criminal offence was committed".

A Home Office spokesman said: "This is a very important issue for very many long-term prisoners."