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

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

The delay in conducting the Parole Board review did not cause the claimant's continued detention, as suitable accommodation was not available at the relevant time; therefore, no breach of Article 5(4) or Article 8 was established.

Parties
Claimant: Dean Williams; 1st Defendant: Secretary of State for Justice; 2nd Defendant: National Probation Service
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Article 5(4) ECHR, Article 8 ECHR, Parole Board Review Delays, Detention, Accommodation for Released Prisoners
Human Rights Administrative Law Criminal Law Article 5(4) ECHR Article 8 ECHR Parole Board Review Delays Detention Accommodation for Released Prisoners

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Parties

Dean Williams

Claimant

Secretary of State for Justice

1st Defendant

National Probation Service

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether delay in Parole Board review breached Article 5(4) and Article 8 rights
  2. 2 Whether delay caused continued detention

Ratio Decidendi

The delay in conducting the Parole Board review did not cause the claimant's continued detention, as suitable accommodation was not available at the relevant time; therefore, no breach of Article 5(4) or Article 8 was established.

Court Disposition

Claim dismissed

Orders

  • Claim for damages dismissed
  • No further orders made