Parratt, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 17 (Admin) (16 January 2013)

Parratt, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 17 (Admin) (16 January 2013)

The Parole Board's four-month delay in holding the post-tariff review breached the claimant's Article 5(4) rights, but no damages are payable as there was no proven loss of liberty or exceptional harm. The 15-month review period set by the Secretary of State was justified in the circumstances and did not breach Article 5(4).

Citation
[2013] EWHC 17 (Admin)
Parties
Claimant: Daniel Parratt; First Defendant: Secretary of State for Justice; Second Defendant: Parole Board of England & Wales
Jurisdiction
England and Wales
Judgment Date
16 January 2013
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Partially allowed
Legal Topics
Article 5(4) ECHR, Parole Board Reviews, Delay in Parole Hearings, Damages for Breach of Human Rights, Judicial Review of Administrative Decisions
Public Law Human Rights Law Prison Law Article 5(4) ECHR Parole Board Reviews Delay in Parole Hearings Damages for Breach of Human Rights Judicial Review of Administrative Decisions

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Parties

Daniel Parratt

Claimant

Secretary of State for Justice

First Defendant

Parole Board of England & Wales

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether delay by the Parole Board in holding a post-tariff review breached Article 5(4) ECHR
  2. 2 Whether the Secretary of State is liable for the delay in addition to the Parole Board
  3. 3 Whether setting a 15-month review period between parole reviews breached Article 5(4) ECHR

Ratio Decidendi

The Parole Board's four-month delay in holding the post-tariff review breached the claimant's Article 5(4) rights, but no damages are payable as there was no proven loss of liberty or exceptional harm. The 15-month review period set by the Secretary of State was justified in the circumstances and did not breach Article 5(4).

Court Disposition

Partially allowed

Orders

  • Declaration that the Parole Board breached Article 5(4) ECHR by delaying the post-tariff review from January to May 2010
  • All other claims, including for damages, are dismissed