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

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

The amendments to the early release provisions did not interfere with the sentencing judge's intention or independence, nor did they breach Article 6 ECHR. The Parole Board acted lawfully in considering only risk and not the relative treatment of co-defendants. The legislative changes applied consistently and fairly to all within their scope. No unlawful unfairness or misdirection occurred.

Parties
Claimant: Lawrence Poku; First Defendant: Secretary of State for Justice; Second Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Early Release Provisions, Judicial Review, Sentencing, Article 6 ECHR, Parole Board Powers
Criminal Law Administrative Law Human Rights Early Release Provisions Judicial Review Sentencing Article 6 ECHR Parole Board Powers

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Parties

Lawrence Poku

Claimant

Secretary of State for Justice

First Defendant

The Parole Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether amendments to early release provisions under the Criminal Justice and Immigration Act 2008 created unlawful unfairness between co-defendants
  2. 2 Whether the Parole Board or Secretary of State acted unlawfully in refusing to reconsider the Claimant's case based on the automatic release of a more culpable co-defendant
  3. 3 Whether Article 6 of the European Convention on Human Rights was breached by legislative changes affecting early release

Ratio Decidendi

The amendments to the early release provisions did not interfere with the sentencing judge's intention or independence, nor did they breach Article 6 ECHR. The Parole Board acted lawfully in considering only risk and not the relative treatment of co-defendants. The legislative changes applied consistently and fairly to all within their scope. No unlawful unfairness or misdirection occurred.

Court Disposition

Claim dismissed