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

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

The Parole Board's failure to provide a system for expediting recall hearings in light of individual circumstances, and its reliance on administrative targets and resource constraints, resulted in a breach of Article 5(4) ECHR. The delay of over three months was not justified, and the Board must ensure hearings are held as soon as reasonably practicable, with proper consideration of supported requests for expedition.

Parties
Claimant: Michael Cooper; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
18 May 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed (declaration of breach of Article 5(4) ECHR); damages claim retained for later determination; costs to claimant.
Legal Topics
Parole Board Procedure, Article 5(4) ECHR, Speedy Hearing Requirement, Mental Health and Detention, Judicial Function in Listing Hearings
Public Law Human Rights Law Criminal Law Parole Board Procedure Article 5(4) ECHR Speedy Hearing Requirement Mental Health and Detention Judicial Function in Listing Hearings

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Parties

Michael Cooper

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board's delay in listing a recall hearing breached Article 5(4) of the European Convention on Human Rights
  2. 2 Whether the Parole Board is required to have a system to expedite hearings based on individual circumstances such as mental health deterioration
  3. 3 Whether resource constraints justify delay in holding recall hearings

Ratio Decidendi

The Parole Board's failure to provide a system for expediting recall hearings in light of individual circumstances, and its reliance on administrative targets and resource constraints, resulted in a breach of Article 5(4) ECHR. The delay of over three months was not justified, and the Board must ensure hearings are held as soon as reasonably practicable, with proper consideration of supported requests for expedition.

Court Disposition

Claim allowed (declaration of breach of Article 5(4) ECHR); damages claim retained for later determination; costs to claimant.

Orders

  • No further delay; hearing must take place on 24 May 2007 unless unforeseeable circumstances arise.
  • Parties to consider whether a formal declaration is required and to apply in writing if so desired.