Source: All England Reporter
Publisher Citation: [2003] All ER (D) 354 (May)
Neutral Citation: [2003] EWCA Civ 732
Court: Court of Appeal, Civil Division
Judge:

Brooke, Clarke and Arden LJJ

Representation Jonathan Lennon (instructed by Bassra, Bradford) for the claimant.
  Steven Kovats (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 May 2003

Catchwords

Human rights - Right to liberty - Lawfulness of detention - Parole Board review procedure - Secretary of State setting longer review period than parole board - Lawfulness of Secretary of State's decision - European Convention on Human Rights, art 5(4).

The Case

Where the Parole Board had decided that the claimant should stay in prison until his next review, the occasion to challenge the lawfulness of his continuing detention would arise if, in events that subsequently happened, he could justly assert that that continuing detention was not being reviewed 'speedily'. The question whether any period complied with the 'speedily' requirement of art5(4) of the European Convention on Human Rights had to be determined in the light of the circumstances of the each case.

Practice Areas

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