ABSTRACT
Article 5 has been employed to test the compatibility of an automatic life sentence imposed on a defendant who had committed two serious offences and the Court of Appeal ruled that if the offender was a significant risk to the public the court could impose a life sentence under section 2 without contravening the Convention.153 In Anderson and Others v Scottish Ministers (2001), the Privy Council ruled that the continued detention of mental patients on grounds of public safety did not infringe Article 5 of the Convention, even where there was no medical treatment for the condition. The House of Lords in R v Leeds Crown Court ex parte Wardle (2001) ruled that continued detention in custody where the accused was charged with a second offence while in custody on the first charge did not infringe the Convention. The fresh time limit was justified by the need to give the prosecutor sufficient time to prepare the evidence relating to each offence.
