The safeguards contained in Article 51 cannot be relied upon by an individual serving a determinate sentence prior to his release on licence whether such an individual is serving a 'longer than commensurate' sentence or a conventional determinate term in which the parole eligibility date has been reached2. If a determinate sentence prisoner has been released on licence a review3 must take place following any decision to recall since new issues affecting the lawfulness of detention may arise at the point of recall
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