Sim, R (on the application of) v Parole Board & Anor [2003] EWHC 152 (Admin) (11 February 2003)

Sim, R (on the application of) v Parole Board & Anor [2003] EWHC 152 (Admin) (11 February 2003)

Article 5 ECHR applies to recall and detention during the extended licence period; the legislative scheme is not inherently incompatible with Article 5 provided there is periodic review; the Parole Board must be satisfied that continued detention is necessary for the protection of the public in relation to risks of sexual or violent offences as identified by the sentencing judge; the Board's decision in this case was lawful and consistent with both domestic and Convention law.

Citation
[2003] EWHC 152 (Admin)
Parties
Claimant: William Sim; Defendant: Parole Board; Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 February 2003
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Parole and Recall, Extended Sentences, Article 5 ECHR, Judicial Review, Detention After Licence, Proportionality of Detention
Criminal Law Human Rights Law Administrative Law Parole and Recall Extended Sentences Article 5 ECHR Judicial Review Detention After Licence +1 more

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Parties

William Sim

Claimant

Parole Board

Defendant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Does Article 5 ECHR apply to recall and detention during the extended licence period?
  2. 2 Is the legislative scheme for recall and detention under extended sentences compliant with Article 5 ECHR?
  3. 3 Did the Parole Board apply the correct legal test for recall and continued detention?

Ratio Decidendi

Article 5 ECHR applies to recall and detention during the extended licence period; the legislative scheme is not inherently incompatible with Article 5 provided there is periodic review; the Parole Board must be satisfied that continued detention is necessary for the protection of the public in relation to risks of sexual or violent offences as identified by the sentencing judge; the Board's decision in this case was lawful and consistent with both domestic and Convention law.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • Decision of the Parole Board upheld