Delay in parole hearings leads to compensation for prisoner

High Court awards damages for delayed parole hearing affecting a post-tariff lifer

In a significant ruling, the High Court addressed the issue of delays in parole hearings for post-tariff lifers, awarding compensatory damages to the claimant, Sean Fitzgerald. The case centred on the delay in convening a Parole Board hearing to determine Fitzgerald's suitability for release, which was deemed a violation of his rights under the Human Rights Act 1998.

The claimant, Sean Fitzgerald, was sentenced to life imprisonment in 2010 for murder, with a tariff expiry date set for September 2022. Despite being eligible for parole review, the hearing was significantly delayed beyond the expiry date, leading to Fitzgerald's continued detention. The court found that the delay constituted a breach of Article 5(4) of the European Convention on Human Rights, which guarantees a speedy decision on the lawfulness of detention.

Fordham J, presiding over the case, highlighted the failure of the Parole Board to actively manage the case after the dossier was complete, resulting in an unlawful delay. The court noted that the Parole Board should have rescheduled the hearing promptly, which did not occur, leading to the claimant's extended detention.

The court awarded £10,000 in compensatory damages for the ten-month period of delayed liberty, from January 2023 to November 2023. The ruling emphasised that the delay was not justified by resource constraints, as the lack of sufficient personnel to chair oral hearings is not a valid defence under Article 5(4).

Additionally, the decision to not prioritise the case for an expedited hearing was found to be unreasonable. The court issued declarations of unlawfulness for both the delay and the failure to prioritise, although no further monetary remedy was granted for the latter.

This case underscores the importance of timely parole hearings and the potential for compensatory damages when delays occur. It also serves as a reminder of the obligations under the Human Rights Act to ensure that detainees' rights are upheld.

The judgment provides clarity on the legal principles surrounding parole delays and the responsibilities of the Parole Board, setting a precedent for future cases involving similar issues.

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