O'Connell, R (on the application of) v The Parole Board & Anor
Article 5(4) ECHR does not apply to the continued detention of a prisoner serving an extended sentence under section 227 of the Criminal Justice Act 2003 after half the custodial term is served; the original sentencing order provides lawful authority for detention, and no further judicial review is required during the custodial term.
- Parties
- Appellant: David O’Connell; Respondent: The Parole Board & Anr
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2009
- Procedural Posture
- Judicial Review Appeal / Court of Appeal Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Extended Sentences, Parole, Article 5(4) ECHR, Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
David O’Connell
Appellant
The Parole Board & Anr
Respondent
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Legal Issues
- 1 Does Article 5(4) ECHR apply to a person serving an extended sentence under section 227 of the Criminal Justice Act 2003 as soon as half the appropriate custodial term is served?
- 2 Is there an entitlement to an oral hearing before the Parole Board in these circumstances?
Ratio Decidendi
Article 5(4) ECHR does not apply to the continued detention of a prisoner serving an extended sentence under section 227 of the Criminal Justice Act 2003 after half the custodial term is served; the original sentencing order provides lawful authority for detention, and no further judicial review is required during the custodial term.
Court Disposition
appeal dismissed
Orders
- Secretary of State's appeal allowed
- Appellant's appeal dismissed
Full Case Text
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