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The Parole Board’s delay in determining an application for a prisoner’s release was not contrary to ECHR, art 5

R (Vowles) v Secretary of State for Justice & Anor [2015] EWCA Civ 56

Related Member(s):
Hugh Southey QC
Related Practice Area(s):
Prison Law, Healthcare, Mental Health and Mental Capacity, Human Rights

Whether a 16 month delay in the Parole Board making a decision on whether to release the appellant, who had been diagnosed with a mental disorder, was contrary to ECHR, art 5. Held: the Court expressed great sympathy for the claimant, and was highly critical of the delay, however, it concluded that there was no breach of ECHR, art 5. The Court noted that it was essential that the claimant was thoroughly assessed before a determination about her case could have been made.

Hugh Southey QC was involved in this case.