Source: All England Reporter
Publisher Citation: [2002] All ER (D) 473 (May)
Neutral Citation: [2002] EWCA Civ 770
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Simon Brown and Buxton LJJ
Representation Kris Gledhill (instructed by Tuckers) for the claimant.
  Jenni Richards (instructed by the Treasury Solicitor) for the Secretary of State and the Parole Board.
Judgment Dates: 30 May 2002

Catchwords

Prison - Life sentence - Discretionary or automatic life sentence - Expiry of tariff period - Release on licence - Determination by Parole Board whether prisoner should be released on licence - Policy of Parole Board to schedule hearing after expiry of tariff period - Delay in scheduling hearings because of lack of resources - Whether delay violating prisoner's right to have lawfulness of detention decided speedily - (Sentences) Act 1997, ss 2, 28 - European Convention on Human Rights, art 5(4).

The Case

References to the Parole Board to determine whether prisoners sentenced to discretionary and automatic life sentences should continue to be detained after the expiry of their tariff periods should be made before the expiry of the period.

Practice Areas

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