||All England Reporter
|| All ER (D) 234 (Jul)
|| EWHC 1704 (Admin)
||Queen's Bench Division, Administrative Court (London)
||Matthew Stanbury (instructed by Shepherd Solicitors) for the claimant.
||Alexander Ruck Keene (instructed by the Treasury Solicitor) for the Secretary of State.
||The second defendant did not appear and was not represented.
||9 March 2009
Prison - Prisoner - Management and treatment of prisoners - Claimant being convicted of robbery - Secretary of State writing to claimant informing him of impending tariff review - Case referred to Parole Board - Parole board issuing directions - Delay in fixing review day - Whether Secretary of State failing to act promptly - , , Pt , art 8, s 5(4).
Prison Prisoner. Queen's Bench Division, Administrative Court (London): The claimant's application for judicial review on the basis that the failure of the Secretary of State to promptly transfer him to open conditions constituted a breach of his rights under art 5(4) of the European Convention on Human Rights was allowed as it was clear that the Secretary of State bore the blame for the delay.
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