Source: All England Reporter
Publisher Citation: [2009] All ER (D) 202 (Jul)
Neutral Citation: [2009] EWHC 1638 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Collins J
Representation Hugh Southey for the claimant.
  Sam Grodzinski (instructed by the Treasury Solicitor) for the board.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 June 2009

Catchwords

Prison - Parole Board - Review by Parole Board - Delay - Claimant prisoner applying for review of post-tariff status - Review hearing being delayed - Board accepting delay breaching claimant's human rights - Secretary of State taking different view - Whether breach of human rights - Whether claimant entitled to damages upon breach - s 28 - European Convention on Human Rights, art 5(4).

The Case

Prison Parole Board. Queen's Bench Division, Administrative Court (London): The court allowed the claimant's application for judicial review of the parole board's inability to hold a review into his detention in prison 'speedily' as required by art5(4) of the European Convention on Human Rights. The court also stated that it was not now appropriate for any prisoner to take proceedings against the board alleging breaches of art5(4) unless there were very special circumstances, something had gone badly wrong despite the new arrangements in that prisoner's particular case.

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