Tabbakh, R (On the Application Of) v The Staffordshire and West Midlands Probation Trust & Anor [2013] EWHC 2492 (Admin) (09 August 2013)

Tabbakh, R (On the Application Of) v The Staffordshire and West Midlands Probation Trust & Anor [2013] EWHC 2492 (Admin) (09 August 2013)

The process for imposing additional licence conditions on the claimant did not breach Article 8 ECHR procedural guarantees. The claimant was aware of the MAPPA process, could make representations through his offender manager, and the policy did not create a proven risk of unlawful decision-making. The procedural requirements of Article 8 were satisfied by the opportunity for representations and ongoing review of conditions.

Citation
[2013] EWHC 2492 (Admin)
Parties
Claimant: Hassan Tabbakh; First Defendant: Staffordshire and West Midlands Probation Trust; Second Defendant: Secretary of State for Justice; Interested Party: London Probation Trust
Jurisdiction
England and Wales
Judgment Date
09 August 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Article 8 ECHR, Procedural Fairness, Licence Conditions, MAPPA, Judicial Review of Policy
Public Law Human Rights Law Criminal Law Article 8 ECHR Procedural Fairness Licence Conditions MAPPA Judicial Review of Policy

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Parties

Hassan Tabbakh

Claimant

Staffordshire and West Midlands Probation Trust

First Defendant

Secretary of State for Justice

Second Defendant

London Probation Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the process for imposing additional licence conditions on the claimant breached Article 8 ECHR procedural guarantees
  2. 2 Whether the relevant policy or its application created a proven risk of unlawful decision-making

Ratio Decidendi

The process for imposing additional licence conditions on the claimant did not breach Article 8 ECHR procedural guarantees. The claimant was aware of the MAPPA process, could make representations through his offender manager, and the policy did not create a proven risk of unlawful decision-making. The procedural requirements of Article 8 were satisfied by the opportunity for representations and ongoing review of conditions.

Court Disposition

Claim dismissed