27 apr 2021
Højesteret
Detainment upheld
Continuing detention order upheld on the information before the Court did not amount to infringement of the European Convention on Human Rights
Case no. 77/2020
Order made on 21 April 2021
The Prosecution Service
vs.
T
In 1996, T was sentenced to preventive detention for deprivation of liberty and aggravated attempted rape of a 10-year-old girl and for leaving her in a state of helplessness. He had two previous convictions for similar offences. The sentence was most recently upheld by a High Court order in December 2016.
The case concerned whether there was still basis for a continuing detention order, including in particular whether continued detention based on the information before the Court amounted to infringement of Article 5 of the European Convention on Human Rights.
The Supreme Court held that it had sufficient information before it to pass a judgment in the case, that the conditions for a continuing detention order were met, and that the fact that the total length of proceedings amounted to infringement of Article 5(4) of the ECHR was not sufficient to justify annulment or change of the preventive detention sentence.
The High Court had reached the same conclusion.