Johnson, R (on the application of) v Secretary of State for Justice

Johnson, R (on the application of) v Secretary of State for Justice

The decision to set the next Parole Board review for July 2010, 14-15 months after the previous review, was arbitrary and unsupported by any particular reason. In the absence of evidence justifying the specific period, and given the claimant's progress and circumstances, the decision was unlawful under Article 5(4)...

Source-derived case information.

Parties
Claimant: Conrad Johnson; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; decision quashed
Legal Topics
Parole Board Review, Article 5(4) ECHR, Speedy Judicial Review, Life Imprisonment, Unlawful Detention
Human Rights Law Prison Law Administrative Law Parole Board Review Article 5(4) ECHR Speedy Judicial Review Life Imprisonment Unlawful Detention

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Parties

Conrad Johnson

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the decision to set the next Parole Board review for July 2010, 14-15 months after the previous review, was lawful under Article 5(4) ECHR
  2. 2 Whether the period between reviews was arbitrary and unjustified

Ratio Decidendi

The decision to set the next Parole Board review for July 2010, 14-15 months after the previous review, was arbitrary and unsupported by any particular reason. In the absence of evidence justifying the specific period, and given the claimant's progress and circumstances, the decision was unlawful under Article 5(4) ECHR.

Court Disposition

Application allowed; decision quashed

Orders

  • The decision of the Secretary of State to set the next Parole Board review for July 2010 is quashed as unlawful.
  • The Secretary of State is to set a new date for the Parole Board hearing in compliance with Article 5(4) ECHR.