Smith v Secretary of State for Justice Parole Board [2008] EWHC 2998 (Admin) (05 December 2008)

Smith v Secretary of State for Justice Parole Board [2008] EWHC 2998 (Admin) (05 December 2008)

Both the Secretary of State and the Parole Board breached their obligations under Article 5(4) ECHR by failing to ensure a prompt and effective review of the claimant's detention after expiry of his tariff, due to delays in providing necessary courses and inadequate case management.

Citation
[2008] EWHC 2998 (Admin)
Parties
Claimant: Craig Smith; First Defendant: Secretary of State for Justice; Second Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
05 December 2008
Procedural Posture
Judicial Review / Expedited Rolled Up Hearing and Judgment
Outcome
Application for judicial review allowed; declarations granted.
Legal Topics
Article 5(4) ECHR, Parole Board Procedures, Delay in Post Tariff Review, Imprisonment for Public Protection (ipp), Judicial Review
Public Law Human Rights Law Prison Law Article 5(4) ECHR Parole Board Procedures Delay in Post Tariff Review Imprisonment for Public Protection (ipp) Judicial Review

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Parties

Craig Smith

Claimant

Secretary of State for Justice

First Defendant

Parole Board

Second Defendant

Procedural Posture

Judicial Review / Expedited Rolled Up Hearing and Judgment

Legal Issues

  1. 1 Whether the Secretary of State for Justice breached Article 5(4) ECHR by failing to provide prompt post-tariff review and necessary courses for the claimant.
  2. 2 Whether the Parole Board breached Article 5(4) ECHR by failing to actively case manage the claimant's post-tariff review.

Ratio Decidendi

Both the Secretary of State and the Parole Board breached their obligations under Article 5(4) ECHR by failing to ensure a prompt and effective review of the claimant's detention after expiry of his tariff, due to delays in providing necessary courses and inadequate case management.

Court Disposition

Application for judicial review allowed; declarations granted.

Orders

  • Declaration that the Secretary of State failed to comply with Article 5(4) ECHR obligations due to severe delays in providing essential coursework and reports.
  • Declaration that the Parole Board failed to actively case manage the claimant's case to facilitate a speedy review.