Parole Case Delay Not Good
R (Johnson) v Secretary of State for the Home Department and another
[2007] EWCA Civ 427
CA
Weekly Law Notes Summary
9 May 2007
After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.