Faulkner, R (on the application of) v Secretary of State for Justice & Anor

Faulkner, R (on the application of) v Secretary of State for Justice & Anor

There was no breach of Article 5(4) ECHR as the parole review was held within a reasonable interval and the system did not break down entirely. The claimant did not lose a real opportunity for earlier release, and even if there had been a breach, damages would not be awarded given his absconding and the discretionary nature of such awards.

Parties
Claimant: Daniel Faulkner; First Defendant: Secretary of State for Justice; Second Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
05 June 2009
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Article 5(4) ECHR, Parole Board Procedure, Damages for Unlawful Detention, Judicial Review of Parole Process
Constitutional Law Human Rights Law Criminal Law Article 5(4) ECHR Parole Board Procedure Damages for Unlawful Detention Judicial Review of Parole Process

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Parties

Daniel Faulkner

Claimant

Secretary of State for Justice

First Defendant

The Parole Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether delay in parole review breached Article 5(4) ECHR
  2. 2 Whether claimant entitled to damages for alleged breach
  3. 3 Effect of claimant's absconding on entitlement to relief

Ratio Decidendi

There was no breach of Article 5(4) ECHR as the parole review was held within a reasonable interval and the system did not break down entirely. The claimant did not lose a real opportunity for earlier release, and even if there had been a breach, damages would not be awarded given his absconding and the discretionary nature of such awards.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Claimant to pay defendants' costs subject to section 11 of the Access to Justice Act 1999