The Law Reports (Appeal Cases)
[2013] 2 AC 254
Supreme Court
Regina (Faulkner) v Secretary of State for Justice and another
Regina (Sturnham) v Parole Board and another (Nos 1 and 2)
[2012] EWCA Civ 452
[2013] UKSC 23
[2013] UKSC 47
2012 Feb 23
Laws, McFarlane, Patten LJJ
2012 Nov 19,
20,
21;
2013 May 1
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath JJSC
2013 May 9;
July 3
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Sumption, Lord Reed, Lord Carnwath JJSC
False imprisonment— Prisoner serving sentence— Delay by Parole Board— Claimant serving life sentence— Claimant’s case referred to Parole Board prior to expiry of minimum term— Review delayed in breach of claimant’s Convention right— Whether false imprisonment if claimant would have been at liberty but for delay
Human rights— Breach of Convention rights— Just satisfaction— Claimants serving life sentence or indeterminate sentence of imprisonment for public protection— Claimants’ cases referred to Parole Board prior to expiry of minimum term— Review delayed in breach of claimants’ Convention right to speedy determination of lawfulness of detention— Whether breach of Convention right to liberty if claimant would have been at liberty but for delay— Whether award of damages for breach of Convention right to speedy determination of lawfulness of detention appropriate— Whether declaration sufficient to afford just satisfaction—
Human Rights Act 1998 (c 42), s 8, Sch 1, Pt I, art 5
Prisons— Prisoners’ rights— Release on licence— Claimant serving indeterminate sentence of imprisonment for public protection— Claimant’s case referred to Parole Board prior to expiry of minimum term— Review delayed in breach of claimant’s Convention right— Parole Board refusing to direct release on licence— Whether test for directing release different from test for imposing sentence— Appropriate remedy for breach of Convention right—
Crime (Sentences) Act 1997 (c 43), s 28(6)
—
Human Rights Act 1998, s 8(3), Sch 1, Pt I, art 5.4
Supreme Court— Appeal to— Powers of court— Power to determine any question necessary for purposes of doing justice in appeal— Whether circumventing need to obtain permission to appeal on particular issue—
Constitutional Reform Act 2005 (c 4), s 40(5)