The only target of a DCP sentence is the previously convicted terrorist — someone for whom a death penalty has already been determined appropriate by a court of law at
the conclusion of a fair trial and the expiry of all appeals.
This ground
of appeal was rejected by the EAT which held that it would only succeed if the
conclusion of the tribunal was perverse and «once intimidation
of this kind is found to have occurred, it will be a very exceptional case indeed where it can not be said that a finding
of a
fair trial is perverse».