Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010

References: [2010] EWCA Civ 1434
Links: Bailii
Coram: Hooper, Sedley, Wilson LJJ
Ratio: The claimant sought damages saying that his detention in prison beyond the minimum period pending a review was unlawful when that review was delayed. He now appealed against dismissal of his claim when he had not appeared at court, being unlawfully at large.
Held: The appeal was allowed: ‘(1) Mr Faulkner had suffered a breach of article 5(4) lasting for a period of 10 months, between March 2008 and January 2009, due to unjustified delays on the part of the Ministry of Justice. There had not been any unjustified delay by the Board in setting the hearing date, once all the reports were available.
(2) There was no reason in this case to award damages for a breach of article 5(4) on the basis of a loss of a real chance of earlier release. Rather, it was necessary for Mr Faulkner to show that he would have been released earlier if the breach had not occurred.
(3) Mr Faulkner had shown on the balance of probabilities that he would have been released if the review had taken place in about March 2008.
(4) As a result of the breach of article 5(4), Mr Faulkner had spent some 10 months in prison when he ought not to have done.’
The question of damages was reseerved.
Statutes: European Convention on Human Rights 5.4
Jurisdiction: England and Wales
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Last Update: 05 November 2019
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