Boswell v The Parole Board & Anor

Boswell v The Parole Board & Anor

The delay of 14-16 months in listing the claimant's parole hearing after expiry of his tariff was not a speedy review as required by Article 5(4) ECHR, but the claimant is not entitled to a mandatory order, damages, or a declaration because he could not demonstrate a real chance of earlier release and the court should not disrupt the Parole Board's case management to the detriment of other prisoners.

Parties
Claimant: Brian Boswell; First Defendant: The Parole Board; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 July 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Article 5(4) ECHR, Parole Board Hearings, Judicial Review of Detention, Damages for Breach of Human Rights
Public Law Human Rights Law Prison Law Article 5(4) ECHR Parole Board Hearings Judicial Review of Detention Damages for Breach of Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Brian Boswell

Claimant

The Parole Board

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the delay in listing an oral hearing for the claimant's parole review breached Article 5(4) ECHR
  2. 2 Whether the claimant is entitled to a mandatory order for a hearing, a declaration of breach, or damages

Ratio Decidendi

The delay of 14-16 months in listing the claimant's parole hearing after expiry of his tariff was not a speedy review as required by Article 5(4) ECHR, but the claimant is not entitled to a mandatory order, damages, or a declaration because he could not demonstrate a real chance of earlier release and the court should not disrupt the Parole Board's case management to the detriment of other prisoners.

Court Disposition

Claim dismissed