R (Huxtable) v Secretary of State for Justice

Subject Matter

PRISONS — Prisoners’ rights — Release on licence — Parole Board decision that prisoner serving sentence of imprisonment for public protection suitable for release — Rule providing that such decision provisional and subject to reconsideration for 21 days — Whether rule ultra vires — Whether rule made “with respect to the proceedings of the Board” — Whether reconsideration mechanism affecting substantive powers of Parole Board — Whether continued detention pending reconsideration in breach of Convention right to liberty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5 — Criminal Justice Act 2003 (c 44), s 239(5) — Parole Board Rules 2019 (SI 2019/1038), rr 9, 28

[2020] EWHC 2494 (Admin); [2021] 1 WLR 1569; [2020] WLR(D) 527, QBD

PRISONS — Prisoners’ rights — Release on licence — Parole Board decision that prisoner serving sentence of imprisonment for public protection suitable for release — Rule providing that such decision provisional and subject to reconsideration for 21 days — Whether rule ultra vires — Whether rule made “with respect to the proceedings of the Board” — Whether continued detention pending reconsideration in breach of Convention right to liberty — Crime (Sentences) Act 1997 (c 43), s 28(5) — Human Rights Act 1998 (c 42), Sch 1, Pt 1, art 5 — Criminal Justice Act 2003 (c 44), s 239(5) — Parole Board Rules 2019 (SI 2019/1038), rr 19(4), 25(2), 28

[2021] EWCA Civ 1394; [2022] 1 WLR 813; [2021] WLR(D) 497, CA

Appellate History