Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)

Morales, R (on the application of) v The Parole Board & Ors [2011] EWHC 28 (Admin) (14 January 2011)

The claimant's Article 5(4) rights were infringed by the Secretary of State's delay in referring the recall to the Parole Board and by the Parole Board's undue delay in listing and processing the case, but not by the actions of the Probation Service or the Board's lack of power to compel disclosure. The Board and Probation Service acted with proper expedition regarding disclosure, and the Board's powers were sufficient to satisfy Article 5(4) ECHR.

Citation
[2011] EWHC 28 (Admin)
Parties
Claimant: Jan David Morales; First Defendant: The Parole Board; Second Defendant: The Secretary of State for Justice; Third Defendant: Staffordshire Probation Service
Jurisdiction
England and Wales
Judgment Date
14 January 2011
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Partially allowed
Legal Topics
Article 5(4) ECHR, Parole Board Powers, Judicial Review of Detention, Disclosure Obligations, Procedural Fairness
Public Law Human Rights Law Criminal Law Article 5(4) ECHR Parole Board Powers Judicial Review of Detention Disclosure Obligations Procedural Fairness

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Parties

Jan David Morales

Claimant

The Parole Board

First Defendant

The Secretary of State for Justice

Second Defendant

Staffordshire Probation Service

Third Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether delay in reviewing the claimant's detention after recall breached Article 5(4) ECHR
  2. 2 Whether the Parole Board's lack of power to compel disclosure breached Article 5(4) ECHR

Ratio Decidendi

The claimant's Article 5(4) rights were infringed by the Secretary of State's delay in referring the recall to the Parole Board and by the Parole Board's undue delay in listing and processing the case, but not by the actions of the Probation Service or the Board's lack of power to compel disclosure. The Board and Probation Service acted with proper expedition regarding disclosure, and the Board's powers were sufficient to satisfy Article 5(4) ECHR.

Court Disposition

Partially allowed

Orders

  • Declaration that the Secretary of State and the Parole Board breached the claimant's Article 5(4) rights due to delay in referral and listing.
  • No breach found in respect of the Probation Service or the Board's powers to compel disclosure.