You are here

R (on the application of KEVIN PENNINGTON) v PAROLE BOARD

Delays caused to a determination of a Parole Board by a lack of resources or errors or omissions by the board prevented that determination from being speedy for the purpose of the European Convention on Human Rights 1950 art.5(4) unless the delay was de minimis.

6 October 2009

The claimant former prisoner (P) applied for judicial review of a procedure adopted by the defendant Parole Board in deciding that he should be released on licence. The tariff element of P's imprisonment for public protection sentence for arson had expired. The board had an intensive case management policy, which set a specific timetable within which a case should be heard. Following a late referral by the secretary of state to consider P's continued detention, the board directed, under that policy, that additional reports should be obtained. However, there were delays in sending out the directions to the parties, receiving the reports and listing the hearing. P's case was finally heard approximately three months after the receipt of the additional reports. Contrary to the parole board rules, which required that a decision be communicated to a prisoner no more than seven days after the hearing, the decision to release P on licence was not communicated to him until one month later. P...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.