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

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

The period set for the claimant's next Parole Board review, in the context of the interim arrangements and administrative demands, does not breach the requirement of speediness under Article 5(4) ECHR. The measures taken are reasonable and ensure access to proceedings to decide the lawfulness of detention.

Parties
Claimant: William Murray; Defendant: The Parole Board; Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 February 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Parole Board Review, Mandatory Life Sentence, Article 5(4) ECHR, Speediness of Detention Review, Administrative Arrangements for Prisoner Release

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Parties

William Murray

Claimant

The Parole Board

Defendant

The Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Judgment

  1. 1 Whether the period set for the claimant's next Parole Board review complies with the requirement of speediness under Article 5(4) ECHR
  2. 2 Whether administrative resource constraints justify delay in review of mandatory life sentence prisoners

Ratio Decidendi

The period set for the claimant's next Parole Board review, in the context of the interim arrangements and administrative demands, does not breach the requirement of speediness under Article 5(4) ECHR. The measures taken are reasonable and ensure access to proceedings to decide the lawfulness of detention.

Court Disposition

Claim dismissed

Orders

  • No order for costs
  • Leave to appeal granted