Williams, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 407 (Admin) (10 February 2010)

Williams, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 407 (Admin) (10 February 2010)

The delay in holding the Parole Board review did not cause the claimant's continued detention because suitable accommodation was not available as at the relevant date; therefore, there was no breach of Article 5(4) or Article 8 ECHR.

Citation
[2010] EWHC 407 (Admin)
Parties
Claimant: Dean Williams; 1st Defendant: Secretary of State for Justice; 2nd Defendant: National Probation Service
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Article 5(4) ECHR, Article 8 ECHR, Parole Board Review, Delay in Review, Detention, Accommodation for Released Prisoners
Public Law Human Rights Article 5(4) ECHR Article 8 ECHR Parole Board Review Delay in Review Detention Accommodation for Released Prisoners

Case Brief

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Parties

Dean Williams

Claimant

Secretary of State for Justice

1st Defendant

National Probation Service

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether delay in Parole Board review breached Article 5(4) ECHR rights
  2. 2 Whether delay caused continued detention
  3. 3 Whether Article 8 ECHR rights were breached

Ratio Decidendi

The delay in holding the Parole Board review did not cause the claimant's continued detention because suitable accommodation was not available as at the relevant date; therefore, there was no breach of Article 5(4) or Article 8 ECHR.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed.