Guntrip v Parole Board of England and Wales & Anor [2014] EWHC 4180 (Admin) (17 December 2014)

Guntrip v Parole Board of England and Wales & Anor [2014] EWHC 4180 (Admin) (17 December 2014)

There was a breach of the claimant's Article 5(4) ECHR rights due to avoidable delays in reviewing the legality of his detention, caused by flawed cancellation of a pending review and administrative inefficiencies, warranting an award of damages. However, the refusal to grant an oral hearing in 2012 was not unlawful on the facts, there was no unlawful discrimination under Article 14 ECHR, and the claimant's detention had not become arbitrary or unlawful under Article 5(1) ECHR.

Citation
[2014] EWHC 4180 (Admin)
Parties
Claimant: Keith Guntrip; First Defendant: Parole Board of England and Wales; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; damages awarded for breach of Article 5(4) ECHR rights due to delay; other grounds dismissed.
Legal Topics
Parole Board Procedure, Article 5 ECHR, Article 14 ECHR, Judicial Review of Administrative Action, Delay in Legal Proceedings, Discrimination in Sentencing, Imprisonment for Public Protection (ipp), Mental Health and Detention
Public Law Human Rights Law Prison Law Parole Board Procedure Article 5 ECHR Article 14 ECHR Judicial Review of Administrative Action Delay in Legal Proceedings +3 more

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Parties

Keith Guntrip

Claimant

Parole Board of England and Wales

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the refusal to grant an oral hearing by the Parole Board in 2012 was unlawful in light of Osborn v Parole Board
  2. 2 Whether there was a breach of Article 5(4) ECHR due to delay in reviewing the legality of the claimant's detention
  3. 3 Whether the cumulative effect of delays and lack of resources rendered the claimant's detention arbitrary and unlawful under Article 5(1) ECHR

Ratio Decidendi

There was a breach of the claimant's Article 5(4) ECHR rights due to avoidable delays in reviewing the legality of his detention, caused by flawed cancellation of a pending review and administrative inefficiencies, warranting an award of damages. However, the refusal to grant an oral hearing in 2012 was not unlawful on the facts, there was no unlawful discrimination under Article 14 ECHR, and the claimant's detention had not become arbitrary or unlawful under Article 5(1) ECHR.

Court Disposition

Claim allowed in part; damages awarded for breach of Article 5(4) ECHR rights due to delay; other grounds dismissed.

Orders

  • Declaration of breach of Article 5(4) ECHR rights due to delay in parole review.
  • Award of £2,500 damages apportioned 30% to the Parole Board and 70% to the Secretary of State for Justice.