The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and not to be discriminated against. In the light of Giles and Smith it was clear that the facts of these cases were outside the ambit of Article 5, and therefore neither respondent could rely on Article 14. The decision letter did what it was required to do. It explained to the prisoner why his application was being refused. The reasons were personal to him, and had nothing to do with the attitude of Syria. The Home Secretary’s appeal succeeded.
Judges:
Lord Justice Kennedy Lord Justice Sedley Lord Justice Neuberger
Citations:
[2004] EWCA Civ 1309, Times 26-Oct-2004
Links:
Statutes:
European Convention on Human Rights 3, Criminal Justice Act 1991
Jurisdiction:
England and Wales
Citing:
Cited – Webster v United Kingdom ECHR 4-Mar-1987
(Commission) An American citizen was detained in England, and eventually deported to France. He complained that there was discrimination against foreign nationals, who did not challenge orders for deportation but sought parole. That was disputed by . .
Cited – Grice v United Kingdom ECHR 1994
(Year?) The applicant was a serving prisoner suffering from AIDS, who complained that aids sufferers were being discriminated against because unlike those suffering other medical conditions they were not released early on compassionate grounds. The . .
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
Cited – Petrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Cited – Regina (Smith) v Parole Board (No 2) CA 31-Jul-2003
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair.
Held: The case law had maintained a proper distinction between . .
Cited – Douglas v North Tyneside Metropolitan Borough Council CA 19-Dec-2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the . .
Cited – Clift, Regina (on the Application of) v Secretary of State for the Home Department CA 29-Apr-2004
The claimant was a prisoner serving a determinate term exceeding 15 years. He complained that the respondent’s remaining juridsiction as to his release on licence infringed his human rights.
Held: This was the sole remaining element of the . .
Cited – Karlheinz Schmidt v Germany ECHR 18-Jul-1994
Article 14 of the Convention operates not by way of the conferral of a freestanding right not to be discriminated against, but rather by way of complementing the other substantive provisions of the Convention and the Protocols. It has no independent . .
Cited – Van Raalte v The Netherlands ECHR 21-Feb-1997
A was an unmarried childless man over 45 complaining of a law which exempted unmarried childless women over 45 from paying contributions under the General Child Benefits Act. Apart from the exempted women, the entire adult population was subject to . .
Cited – Regina v Parole Board Ex Parte White QBD 16-Dec-1994
The concept of ‘risk’ was not confined to risk to the United Kingdom public alone, as a result of which the Parole Board is entitled, indeed, in an appropriate case, required, to take into account the risk to the public in a country to which a . .
Cited – Botta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 21 June 2022; Ref: scu.216421
