In a deprivation of liberty following conviction, the lawfulness requirement1 is generally satisfied by the court's initial sentence except in relation to any period of the sentence where new issues affecting the lawfulness of the detention might arise as a result of which it is a decision of the executive rather than of the sentencing court which authorises continued detention2. Therefore where an individual's deprivation of liberty following conviction comes to be justified not by reasons of punishment but by factors which are susceptible of change with the passage of time, such as mental instability or dangerousness, a right
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