Sturnham, R (On the Application Of) v Secretary of State for Justice [2011] EWHC 938 (Admin) (14 March 2011)

Sturnham, R (On the Application Of) v Secretary of State for Justice [2011] EWHC 938 (Admin) (14 March 2011)

The Parole Board applied the correct statutory test for release under Section 28(6) of the Crime (Sentences) Act 1997 to the claimant, an IPP prisoner, without unlawfully adding a gloss; the delay of approximately six months in the parole review breached the claimant's right to a speedy hearing under Article 5(4) ECHR, entitling him to a declaration and modest damages for anxiety and distress, but not to damages for loss of chance of earlier release.

Citation
[2011] EWHC 938 (Admin)
Parties
Claimant: Sturnham; First Defendant: Parole Board; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
14 March 2011
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed except for declaration and damages for Article 5(4) breach
Legal Topics
Parole Board Decisions, Imprisonment for Public Protection (ipp), Article 5 ECHR (right to Liberty and Security), Judicial Review of Administrative Action, Delay in Parole Proceedings, Damages for Breach of Convention Rights
Public Law Human Rights Criminal Law Parole Board Decisions Imprisonment for Public Protection (ipp) Article 5 ECHR (right to Liberty and Security) Judicial Review of Administrative Action Delay in Parole Proceedings +1 more

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Parties

Sturnham

Claimant

Parole Board

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board applied the correct legal test for release of a prisoner serving an IPP sentence under Section 28(6) of the Crime (Sentences) Act 1997
  2. 2 Whether the Parole Board unlawfully applied a 'gloss' to the statutory test for release
  3. 3 Whether the delay in the Parole Board hearing breached Article 5(4) ECHR

Ratio Decidendi

The Parole Board applied the correct statutory test for release under Section 28(6) of the Crime (Sentences) Act 1997 to the claimant, an IPP prisoner, without unlawfully adding a gloss; the delay of approximately six months in the parole review breached the claimant's right to a speedy hearing under Article 5(4) ECHR, entitling him to a declaration and modest damages for anxiety and distress, but not to damages for loss of chance of earlier release.

Court Disposition

Claim dismissed except for declaration and damages for Article 5(4) breach

Orders

  • Declaration that claimant's rights under Article 5(4) ECHR were breached by delay in parole review
  • Award of £300 damages to claimant for anxiety and distress caused by delay, payable by Secretary of State