Mon, 22 Jun 2015
The Administrative Court Digest has published three consecutive reports concerning cases brought on behalf of prisoners subject to the sentence of indeterminate imprisonment for public protection ("IPP"). Each claimant was represented by Philip Rule of No5 Chambers.
R (Hall), R (Koselka) v Parole Board [2015] A.C.D. 69
Material considerations for the parole board and challenges to continued detention under the IPP scheme.
R (Knights), R (O’Brien) v SSJ and Parole Board [2015] A.C.D. 68
No breach of Articles 3, 5 or 14 ECHR in continued detention under IPP regime
R (Guntrip) (no2) v Parole Board and SSJ [2015] A.C.D. 67, Divisional Court.
Art. 5(4) ECHR breach in parole delay. Damages awarded for distress in sum £2500.
Secretary of State’s cancellation of parole board hearing while offender being psychiatrically assessed breaching offenders right to timely review - decision to cancel review taken unilaterally, undermining parole board’s status independent of executive and frustrating discharge of its art.5 functions.
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