Salami, R (on the application of) v Parole Board [2009] EWHC 2251 (Admin) (15 July 2009)

Salami, R (on the application of) v Parole Board [2009] EWHC 2251 (Admin) (15 July 2009)

Changes to early release and licence provisions under the 2008 Act, even if applied to prisoners sentenced before 4 April 2005, do not breach Article 6 ECHR because such provisions relate to the administration or execution of the sentence, not to the determination of the criminal charge or penalty imposed by the court. The sentence remains as imposed, and the Convention is not engaged by subsequent changes to release arrangements.

Citation
[2009] EWHC 2251 (Admin)
Parties
Claimant: Salami; Defendant: Parole Board; Claimant: Robinson; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
15 July 2009
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claims dismissed
Legal Topics
Parole and Early Release, Retrospective Legislation, Article 6 ECHR, Sentencing, Transitional Provisions
Public Law Criminal Law Human Rights Parole and Early Release Retrospective Legislation Article 6 ECHR Sentencing Transitional Provisions

Case Brief

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Parties

Salami

Claimant

Parole Board

Defendant

Robinson

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether changes to early release/licence provisions for prisoners sentenced before 4 April 2005 breach Article 6 ECHR
  2. 2 Whether the new regime constitutes a more severe penalty contrary to the Convention
  3. 3 Whether transitional provisions should have been made to protect existing prisoners from adverse effects

Ratio Decidendi

Changes to early release and licence provisions under the 2008 Act, even if applied to prisoners sentenced before 4 April 2005, do not breach Article 6 ECHR because such provisions relate to the administration or execution of the sentence, not to the determination of the criminal charge or penalty imposed by the court. The sentence remains as imposed, and the Convention is not engaged by subsequent changes to release arrangements.

Court Disposition

Claims dismissed

Orders

  • Article 6 ECHR grounds dismissed for both claimants
  • No final order on costs; parties to make written submissions within specified timeframes