Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor [2014] EWCA Civ 827 (19 June 2014)

Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor [2014] EWCA Civ 827 (19 June 2014)

The system established by the relevant policy documents is not inherently unfair and does not create an unacceptable risk of procedural unfairness in the imposition of additional licence conditions. The role of the offender manager and the MAPPA process provide sufficient opportunity for offenders to make representations. Any procedural unfairness should be addressed in individual cases, not by striking down the policy as unlawful.

Citation
[2014] EWCA Civ 827
Parties
Claimant/appellant: Hassan Tabbakh; First Defendant/respondent: Staffordshire and West Midlands Probation Trust; Second Defendant/respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
19 June 2014
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From the High Court
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Licence Conditions, Article 8 ECHR, Judicial Review, Policy Lawfulness
Public Law Human Rights Law Criminal Law Procedural Fairness Licence Conditions Article 8 ECHR Judicial Review Policy Lawfulness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hassan Tabbakh

Claimant/appellant

Staffordshire and West Midlands Probation Trust

First Defendant/respondent

Secretary of State for Justice

Second Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From the High Court

Legal Issues

  1. 1 Whether the policy governing the imposition of additional licence conditions on released prisoners is inherently unfair and thus unlawful under Article 8 ECHR procedural requirements
  2. 2 Whether the absence of explicit procedural safeguards in policy documents creates an unacceptable risk of unfairness

Ratio Decidendi

The system established by the relevant policy documents is not inherently unfair and does not create an unacceptable risk of procedural unfairness in the imposition of additional licence conditions. The role of the offender manager and the MAPPA process provide sufficient opportunity for offenders to make representations. Any procedural unfairness should be addressed in individual cases, not by striking down the policy as unlawful.

Court Disposition

Appeal dismissed