Bayliss v The Parole Board of England And Wales & Anor [2014] EWCA Civ 1631 (16 December 2014)

Bayliss v The Parole Board of England And Wales & Anor [2014] EWCA Civ 1631 (16 December 2014)

Detention under an IPP sentence, even if later quashed, remains lawful and non-arbitrary under Article 5 ECHR until set aside by a competent court; the Parole Board is not liable for the lawfulness of the sentence, and the Secretary of State's responsibility is limited to implementing valid court orders.

Citation
[2014] EWCA Civ 1631
Parties
Appellant: Lee Bayliss; First Respondent: The Parole Board of England and Wales; Second Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Appeal (civil) / Judgment on Appeal From Refusal of Permission for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Imprisonment for Public Protection (ipp), Article 5 ECHR (right to Liberty), Judicial Review, Unlawful Detention, Parole Board Decisions
Criminal Law Human Rights Law Administrative Law Imprisonment for Public Protection (ipp) Article 5 ECHR (right to Liberty) Judicial Review Unlawful Detention Parole Board Decisions

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Parties

Lee Bayliss

Appellant

The Parole Board of England and Wales

First Respondent

Secretary of State for Justice

Second Respondent

Procedural Posture

Appeal (civil) / Judgment on Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether post-tariff detention under a subsequently quashed IPP sentence was unlawful or arbitrary under Article 5 ECHR
  2. 2 Whether the Parole Board or Secretary of State is liable for alleged unlawful detention

Ratio Decidendi

Detention under an IPP sentence, even if later quashed, remains lawful and non-arbitrary under Article 5 ECHR until set aside by a competent court; the Parole Board is not liable for the lawfulness of the sentence, and the Secretary of State's responsibility is limited to implementing valid court orders.

Court Disposition

Appeal dismissed

Orders

  • Appeal against the Parole Board dismissed
  • Appeal against the Secretary of State for Justice dismissed