Guntrip, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 3188 (Admin) (09 December 2010)

Guntrip, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 3188 (Admin) (09 December 2010)

Both the Secretary of State for Justice and the Parole Board breached Article 5(4) ECHR by causing consecutive one-year delays in the claimant's parole review, but the delay did not result in unlawful detention or earlier release; a declaration and modest damages are appropriate remedies.

Citation
[2010] EWHC 3188 (Admin)
Parties
Claimant: Keith Guntrip; First Defendant: Secretary of State for Justice; Second Defendant: Parole Board of England and Wales
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Partially allowed
Legal Topics
Article 5(4) ECHR, Parole Board Delays, Imprisonment for Public Protection (ipp), Judicial Remedies for ECHR Breaches, Damages for Delay in Parole Review
Public Law Human Rights Law Prison Law Article 5(4) ECHR Parole Board Delays Imprisonment for Public Protection (ipp) Judicial Remedies for ECHR Breaches Damages for Delay in Parole Review

Case Brief

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Parties

Keith Guntrip

Claimant

Secretary of State for Justice

First Defendant

Parole Board of England and Wales

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the delay in the claimant's parole review breached Article 5(4) ECHR
  2. 2 Whether the Secretary of State for Justice and the Parole Board were each responsible for breaches of Article 5(4)
  3. 3 Whether damages should be awarded for the breach of Article 5(4)

Ratio Decidendi

Both the Secretary of State for Justice and the Parole Board breached Article 5(4) ECHR by causing consecutive one-year delays in the claimant's parole review, but the delay did not result in unlawful detention or earlier release; a declaration and modest damages are appropriate remedies.

Court Disposition

Partially allowed

Orders

  • Declaration that the Secretary of State for Justice and the Parole Board each breached Article 5(4) ECHR for one year
  • Award of £1200 damages, split equally between the two defendants