Bayliss v The Parole Board of England & Wales [2014] EWCA Civ 1268 (10 June 2014)

Bayliss v The Parole Board of England & Wales [2014] EWCA Civ 1268 (10 June 2014)

Permission to appeal is granted on the arguable ground that post-tariff detention following a quashed IPP sentence may be arbitrary and violate Article 5 ECHR, as the foundation for the detention may not have existed if the criteria for IPP were not met.

Citation
[2014] EWCA Civ 1268
Parties
Claimant/applicant: Lee Bayliss; Defendant/respondent: The Parole Board of England & Wales
Jurisdiction
England and Wales
Judgment Date
10 June 2014
Procedural Posture
Judicial Review Appeal / Permission to Appeal From Refusal of Judicial Review
Outcome
Permission to appeal granted on ground 1 only; other grounds refused.
Legal Topics
Imprisonment for Public Protection (ipp), Article 5 ECHR, Judicial Review, Parole Board Decisions, Unlawful Detention
Criminal Law Human Rights Law Administrative Law Imprisonment for Public Protection (ipp) Article 5 ECHR Judicial Review Parole Board Decisions Unlawful Detention

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Parties

Lee Bayliss

Claimant/applicant

The Parole Board of England & Wales

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Permission to Appeal From Refusal of Judicial Review

Legal Issues

  1. 1 Whether post-tariff detention following an IPP sentence quashed on appeal is arbitrary and violates Article 5 ECHR
  2. 2 Whether the Parole Board or Secretary of State is the proper defendant for a claim of unlawful detention
  3. 3 Whether the Parole Board failed to consider Article 8 rights (family life)

Ratio Decidendi

Permission to appeal is granted on the arguable ground that post-tariff detention following a quashed IPP sentence may be arbitrary and violate Article 5 ECHR, as the foundation for the detention may not have existed if the criteria for IPP were not met.

Court Disposition

Permission to appeal granted on ground 1 only; other grounds refused.

Orders

  • Permission to appeal limited to ground 1 is granted.
  • Secretary of State to be joined as a defendant to the appeal.