Youngsam, R (On the Application Of) v The Parole Board [2017] EWHC 729 (Admin) (07 April 2017)

Youngsam, R (On the Application Of) v The Parole Board [2017] EWHC 729 (Admin) (07 April 2017)

Article 5(4) ECHR does not apply to the recall of a determinate sentence prisoner during the sentence period; the Parole Board's duty is to act within a reasonable time under the common law, and in this case, no breach occurred; the substantive decision to refuse release was justified and adequately reasoned.

Citation
[2017] EWHC 729 (Admin)
Parties
Claimant: Shimei Youngsam; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Judicial Review, Article 5 ECHR, Common Law Duty of Fairness, Doctrine of Precedent
Public Law Criminal Law Human Rights Parole Judicial Review Article 5 ECHR Common Law Duty of Fairness Doctrine of Precedent

Case Brief

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Parties

Shimei Youngsam

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Does Article 5(4) ECHR apply to the recall of a determinate sentence prisoner?
  2. 2 Did the Parole Board breach its common law duty to act within a reasonable time?
  3. 3 Was the Parole Board's substantive decision to refuse release legally flawed?

Ratio Decidendi

Article 5(4) ECHR does not apply to the recall of a determinate sentence prisoner during the sentence period; the Parole Board's duty is to act within a reasonable time under the common law, and in this case, no breach occurred; the substantive decision to refuse release was justified and adequately reasoned.

Court Disposition

Claim dismissed