Right to prompt hearing (Art 5) Parole Board challenge
31/10/2007
The case of R (on the application of Ashman) v Parole Board and another, a post-tariff IPP prisoner, has been considered in the All England Law Reports this week.
R (on the application of Ashman) v Parole Board and another [2007] All ER (D) 439 (Oct)
The claimant was an IPP sentenced prisoner where the tariff had expired on 28 June 2007. He had been informed by the Parole Board that a hearing in which his continued detention would be reviewed had been fixed for 23 November 2007, five months after the minimum term expired.
He challenged this by way of judicial review and contended that his right under art 5(4) of the European Convention on Human Rights and Fundamental Freedoms, as set out in Sch 1 of the Human Rights Act 1988, had been violated on the basis that the Parole board had failed to schedule his review hearing promptly following the expiration of his minimum term.
The application was allowed and in the circumstances, the claimant was entitled to declaratory relief.
The claimant was represented by Erimnaz Mushtaq , instructed by Henry Hyams solicitors .
