Bristow, R (on the application of) v Secretary of State for Justice & Anor

Bristow, R (on the application of) v Secretary of State for Justice & Anor

The claimant is not in an analogous position to sexual or violent offenders, as parole was abolished for his category of offence before he sought transfer. The calculation of his automatic release date based on the balance of the sentence remaining after transfer is consistent with the legislative scheme and justified to preserve the authority of the original sentence. There is no unlawful discrimination under Article 14 ECHR.

Parties
Claimant: Steven Bristow; 1st Defendant: Secretary of State for Justice; 2nd Defendant: National Offender Management Service
Jurisdiction
England and Wales
Judgment Date
16 October 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Application refused
Legal Topics
Repatriation of Prisoners, Early Release Provisions, Discrimination Under ECHR, Parole Eligibility
Criminal Law Human Rights Law Prison Law Repatriation of Prisoners Early Release Provisions Discrimination Under ECHR Parole Eligibility

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Parties

Steven Bristow

Claimant

Secretary of State for Justice

1st Defendant

National Offender Management Service

2nd Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the claimant has been unlawfully discriminated against under Article 14 read with Article 8 of the European Convention on Human Rights in relation to early release provisions for repatriated prisoners compared to those convicted of sexual or violent offences.

Ratio Decidendi

The claimant is not in an analogous position to sexual or violent offenders, as parole was abolished for his category of offence before he sought transfer. The calculation of his automatic release date based on the balance of the sentence remaining after transfer is consistent with the legislative scheme and justified to preserve the authority of the original sentence. There is no unlawful discrimination under Article 14 ECHR.

Court Disposition

Application refused