The Weekly Law Reports
[2013] 2 WLR 1157
Supreme Court
Regina (Faulkner) v Secretary of State for Justice and another
Regina (Sturnham) v Parole Board and another
[2013] UKSC 23
2012 Nov 19,
20,
21;
2013 May 1
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Kerr of Tonaghmore, 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
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)