Salami, R (on the application of) v Parole Board

Salami, R (on the application of) v Parole Board

For the purposes of the European Convention on Human Rights, the sentence is one of imprisonment as imposed by the court; changes to early release provisions are administrative and do not breach Article 6, even if they have an adverse effect on the prisoner.

Parties
Claimant: Marcel Salami; Defendant: Parole Board; Claimant: Darren Robinson; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
15 July 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims dismissed
Legal Topics
Sentencing, Early Release, Recall of Prisoners, Article 6 ECHR, Transitional Provisions
Criminal Law Human Rights Law Administrative Law Sentencing Early Release Recall of Prisoners Article 6 ECHR Transitional Provisions

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Parties

Marcel Salami

Claimant

Parole Board

Defendant

Darren Robinson

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether changes to early release provisions breached Article 6 of the European Convention on Human Rights for prisoners sentenced before 4 April 2005
  2. 2 Whether the new regime constituted a more severe penalty contrary to Convention rights

Ratio Decidendi

For the purposes of the European Convention on Human Rights, the sentence is one of imprisonment as imposed by the court; changes to early release provisions are administrative and do not breach Article 6, even if they have an adverse effect on the prisoner.

Court Disposition

Claims dismissed

Orders

  • Costs to be dealt with by written submissions
  • Usual order for costs to defendants, subject to written representations