Prisoner loses legal challenge
Buckland disagreed.
Lord Justice Fulford and Mr Justice Garnham, who analysed rival arguments at a virtualHighCourthearinglast month, have now dismissed Khan’s challenge.
Khan admitted encouraging acts of terror and inciting religious hatred via his social media accounts and was handedafour-and-a-half-year prison sentence at Newcastle Crown Court in May 2018.
Hugh Southey QC, who led Khan’slegalteam,saidthenew rulesamendedanearlyrelease regime and extended the “requisite custodial period”.
Terrorist prisoners now have to spend two-thirds of their term in jail before being considered for release, rather than half.
Khan had been given an indication that he would be released by the beginning of March this year.
MrSoutheyarguedthatterrorist
prisoners were being treateddifferentlyandsaidlaw changes should be declared incompatible with rights enshrined in the European ConventiononHumanRights–the right to liberty, the right not to suffer discrimination, and the right not to be held guilty of an offence which did not constitute an offence when it was committed.
Sir James Eadie QC, who led Mr Buckland’s legal team, said the new provisions apply equally to all relevant terrorist offenders,regardlessofraceor religion.
Thetwojudgessaidthenew rules have not “compromised” the lawfulness of the sentence handed to Khan.
Northumbria Police and Crime Commissioner, Kim McGuinness, said:"Thisistherightdecision. Let's be clear, a terrorist who is a threat to public safety should notbefreetowalkourstreets.”