Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor

Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor

The system established by the relevant policy documents is not inherently unfair. The role of the offender manager provides offenders with a fair opportunity to make representations regarding additional licence conditions. The absence of more explicit procedural safeguards in the guidance does not render the policy unlawful. Allegations of unfairness must be pursued in individual cases, not by challenging the policy as a whole.

Parties
Claimant/appellant: Hassan Tabbakh; First Defendant/respondent: The Staffordshire and West Midlands Probation Trust; Second Defendant/respondent: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
19 June 2014
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Licence Conditions, Article 8 ECHR, Judicial Review of Policy
Public Law Criminal Law Human Rights Procedural Fairness Licence Conditions Article 8 ECHR Judicial Review of Policy

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Parties

Hassan Tabbakh

Claimant/appellant

The Staffordshire and West Midlands Probation Trust

First Defendant/respondent

The Secretary of State for Justice

Second Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the policy governing the imposition of additional licence conditions on released prisoners is inherently unfair and therefore unlawful due to lack of procedural safeguards for making representations under Article 8 ECHR.

Ratio Decidendi

The system established by the relevant policy documents is not inherently unfair. The role of the offender manager provides offenders with a fair opportunity to make representations regarding additional licence conditions. The absence of more explicit procedural safeguards in the guidance does not render the policy unlawful. Allegations of unfairness must be pursued in individual cases, not by challenging the policy as a whole.

Court Disposition

Appeal dismissed