Youngsam, R (On the Application Of) v The Parole Board

Youngsam, R (On the Application Of) v The Parole Board

Article 5(4) ECHR does not apply to recall of determinate sentence prisoners; the Parole Board's process, though not ideal, did not breach the common law duty to act within a reasonable time; the substantive decision not to re-release was justified and adequately reasoned.

Parties
Claimant: Shimei Youngsam; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
07 April 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Recall of Prisoners, Article 5 ECHR, Common Law Duty, Judicial Review, Precedent
Criminal Law Administrative Law Human Rights Parole Recall of Prisoners Article 5 ECHR Common Law Duty Judicial Review +1 more

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Parties

Shimei Youngsam

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Applicability of Article 5(4) ECHR to recall of determinate sentence prisoners
  2. 2 Common law duty to act within a reasonable time
  3. 3 Adequacy of Parole Board's substantive decision and reasoning

Ratio Decidendi

Article 5(4) ECHR does not apply to recall of determinate sentence prisoners; the Parole Board's process, though not ideal, did not breach the common law duty to act within a reasonable time; the substantive decision not to re-release was justified and adequately reasoned.

Court Disposition

Claim dismissed