Cawley, R (on the application of) v Parole Board & Anor

Cawley, R (on the application of) v Parole Board & Anor

The delay from early December 2007 to January 2008 was not justified under Article 5(4) ECHR due to a shortage of Parole Board members, but most prior delays were caused by the claimant's own actions, including late delivery of expert evidence and the judicial review proceedings. The Parole Board acted reasonably in seeking additional information and managing the case.

Parties
Claimant: John Patrick Cawley; First Defendant: The Parole Board; Second Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
29 October 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application succeeds to a limited extent; declaration of unjustified delay from early December 2007 to January 2008; no order as to costs.
Legal Topics
Article 5(4) ECHR, Parole Hearings, Procedural Fairness, Delay in Detention Review
Constitutional Law Criminal Law Human Rights Article 5(4) ECHR Parole Hearings Procedural Fairness Delay in Detention Review

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Parties

John Patrick Cawley

Claimant

The Parole Board

First Defendant

The Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the delay in arranging the claimant's Parole Board hearing breached Article 5(4) of the European Convention on Human Rights
  2. 2 Whether the Parole Board and Secretary of State acted with reasonable despatch given the circumstances

Ratio Decidendi

The delay from early December 2007 to January 2008 was not justified under Article 5(4) ECHR due to a shortage of Parole Board members, but most prior delays were caused by the claimant's own actions, including late delivery of expert evidence and the judicial review proceedings. The Parole Board acted reasonably in seeking additional information and managing the case.

Court Disposition

Application succeeds to a limited extent; declaration of unjustified delay from early December 2007 to January 2008; no order as to costs.

Orders

  • Declaration that delay from early December 2007 to January 2008 is not justified under Article 5(4) ECHR
  • No order as to costs