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Prisons

Regina (Hussain) v Parole Board of England and Wales [2016] EWHC 288 (Admin)

17 May 2016

3,4; 24 Feb 2016

QBD: Hickinbottom J

Prisons — Prisoners’ rights — Transfer to open conditions — Administrative delay listing Parole Board hearing to consider suitability of indeterminate sentence prisoner for transfer to open conditions prior to expiry of tariff — Whether delay depriving prisoner of “reasonable opportunity” to demonstrate suitability for release at expiry of tariff — Whether delay unlawful — — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Criminal Justice Act 2003 (c 44), s 239(5) — Parole Board Rules 2011 (SI 2012/2947), r 18

The claimant, an indeterminate sentence prisoner, was referred by the Secretary of State to the Parole Board for considerat...

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