Practice and Procedure

R (on the application of STURNHAM) v SECRETARY OF STATE FOR JUSTICE (2012)

PUBLISHED February 23, 2012

[2012] EWCA Civ 452

The court gave guidance on the test to be applied by the Parole Board under the Crime (Sentences) Act 1997 s.28(6)(b) when considering whether to direct the release of prisoners sentenced to imprisonment for public protection, and on the appropriate circumstances for awarding damages for a breach of the European Convention on Human Rights 1950 art.5(4) for the Parole Board's delay in considering whether to direct release.

CA (Civ Div) (Laws LJ, McFarlane LJ, Patten LJ)