The court had found that the respondent had acted in breach of the claimant’s human rights in making a decision against his release from prison on parole without affording an opportunity to make oral representations. It now considered the remedy.
Held: The appropriate remedy was the award of certiorari to quash the board’s decision. He declined to make an award of damages under section 8 of the Human Rights Act, noting that it was agreed that the appellant could not establish that he had been deprived of liberty as a result of the decision, and concluding that any frustration or distress which he might have suffered was not of such intensity as to justify an award of damages.
Judges:
Treacy J
Citations:
[2010] NIQB 56
Links:
Citing:
See Also – Reilly, Re Judicial Review QBNI 13-Apr-2010
The claimant said that a decision had been made as to his release from prison but without his having had opportunity to make oral representations.
Held: The board had acted in breach of its common law duty to act fairly, and incompatibly with . .
Cited by:
Appeal from – Reilly, Re Judicial Review CANI 6-Apr-2011
The applicant had been granted judicial review of a decision by the parole board not to grant his release on parole but without having afforded him an oral hearing. The Board now appealed.
Held: The appeal succeeded. The court followed the . .
At first instance – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Prisons, Human Rights
Updated: 22 August 2022; Ref: scu.421865