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IAN GRAY v (1) SECRETARY OF STATE FOR JUSTICE (2) PAROLE BOARD

The failure of the Parole Board to provide a hearing to determine the continued detention of a prisoner serving a sentence of detention for public protection until over four months after his earliest release date gave rise to a breach of the European Convention on Human Rights 1950 art.5(4). The board had not acted with reasonable despatch and there was no explanation for that inaction and lack of case management.

19 January 2010

The claimant prisoner (G) applied for judicial review of the actions and decisions of the first defendant secretary of state and the second defendant Parole Board in connection with the process of his continued detention. G had been convicted of two sexual offences and, in February 2007, a sentence of detention for public protection (DPP) was imposed with a specified minimum term of two years. The impact of that specification was that G had to serve at least two years, his release thereafter being conditional upon an assessment by the board that it was safe to release him. As a result of time served whilst on remand, G's earliest release date was in October 2008. G's representatives had sent the board a dossier in May 2008, ahead of an anticipated parole hearing in September 2008. The board did not, however, consider G's case until February 2009, when it declined to order his release or recommend that he be transferred to an open establishment. In the course of that hearing, the sec...

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