Youngsam, R (on the application of) v The Parole Board & Anor

Youngsam, R (on the application of) v The Parole Board & Anor

The binding principle is that article 5(4) ECHR does not apply to determinate sentence prisoners recalled to prison during their sentence, as the lawfulness of detention is incorporated in the original sentencing decision.

Parties
Appellant: Shimei Youngsam; Respondent: The Parole Board; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
27 February 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Article 5(4) ECHR, Parole Recall, Ratio Decidendi, Precedent, Procedural Delay
Human Rights Criminal Law Public Law Article 5(4) ECHR Parole Recall Ratio Decidendi Precedent Procedural Delay

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Parties

Shimei Youngsam

Appellant

The Parole Board

Respondent

Secretary of State for Justice

Interested Party

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does article 5(4) ECHR apply to determinate sentence prisoners recalled to prison after release on licence?
  2. 2 Was there unlawful procedural delay in listing the appellant’s Parole Board recall hearing?

Ratio Decidendi

The binding principle is that article 5(4) ECHR does not apply to determinate sentence prisoners recalled to prison during their sentence, as the lawfulness of detention is incorporated in the original sentencing decision.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no breach of article 5(4) ECHR or common law duty found.
  • No further relief granted.