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R (on the application of FAULKNER) v SECRETARY OF STATE FOR JUSTICE & ANOR : R (on the application of FAULKNER) v SECRETARY OF STATE FOR JUSTICE & PAROLE BOARD OF ENGLAND & WALES : R (on the application of STURNHAM) v PAROLE BOARD OF ENGLAND & WALES & ANO

A prisoner serving an indeterminate sentence whose detention was prolonged by the Parole Board's delay in reviewing his case following the expiry of his tariff was not the victim of either false imprisonment or a violation of the European Convention on Human Rights 1950 art.5(1). Nevertheless, damages were ordinarily to be awarded for such delay where it was established that an earlier hearing would have resulted in an earlier release. Where that was not established, modest damages were to be awarded where the delay had caused sufficiently serious frustration and anxiety.

3 May 2013

CRIME

[2013] UKSC 23

SC - Lord Neuberger (President), Lord Mance, Lord Kerr, Lord Reed, Lord Carnwath

1 May 2013

In conjoined appeals, the court was required to consider decisions of the Court of Appeal ([2011] EWCA Civ 349; [2012] EWCA Civ 452) concerning awards of damages to prisoners for breaches of the European Convention on Human Rights 1950 art.5(4).

The two cases concerned two former prisoners (S and F). Both had been serving indeterminate sentences. In each case, there had been a delay between the expiry of the prisoner's tariff period and the Parole Board hearing to review the need for his further detention. In each case the delay had been caused by the board being under-resourced. Both F and P were released following the eventual reviews. Each sought judicial review, claiming that the failure to review his detention speedily was a breach of art.5(4). In F's case, the Court of Appeal held that art.5(4) had been breached and th...

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