| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 70 (Dec) |
| Neutral Citation: | [2008] EWHC 2998 (Admin) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Slade J |
| Representation | Matthew Stanbury (instructed by Grayson Willis Bennett) for the claimant. |
| Christian Zwart (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Victoria Wakefield (instructed by the Treasury Solicitor) for the board. | |
| Judgment Dates: | 5 December 2008 |
Catchwords
Prison - Prisoner - Release on licence - Right to liberty and security - Parole board undertaking to conduct review of claimant's detention following expiry of tariff period - Board hearing being delayed for over one year - Secretary of State failing to assist board - Claimant seeking declarations that both Secretary of State and board having infringed his right to a 'speedy' review hearing - Whether declarations appropriate - European Convention on Human Rights, art 5(4).
The Case
Prison Prisoner. Queen's Bench Division, Administrative Court: Declarations were made in terms that the parole board and the Secretary of State had both had failed to act 'speedily' in determining the lawfulness of the claimant's continued detention, in violation of art5(4) of the European Convention on Human Rights.
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