Practice and Procedure

CRAIG SMITH v (1) SECRETARY OF STATE FOR JUSTICE (2) PAROLE BOARD (2008)

PUBLISHED December 5, 2008
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[2008] EWHC 2998 (Admin)

The Secretary of State for Justice was in breach of his obligations under the European Convention on Human Rights 1950 art.5(4) by failing to provide a relevant offending behaviour course to a prisoner serving an indeterminate sentence for public protection to enable him to demonstrate to the Parole Board, at the time of the expiry of his custodial tariff, that his detention was no longer necessary for the protection of the public. Furthermore, the Parole Board was in breach of its art.5(4) obligations by failing to speedily and actively manage that prisoner's case.

QBD (Admin) (Slade J)

05/12/2008

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