R (LV) v SSJ [2013] EWCA Civ 1086

MHT/PB delay The applicant had been given an IPP sentence then transferred to hospital under s47/49. On 12/12/11 the MHT decided she met the criteria for conditional discharge. The dossier reached the Parole Board on 29/3/12, and the hearing was arranged for 12/3/13. She claimed a breach of Article 5(4) during: (a) the period before the dossier was ready, when no judicial body was responsible for supervising her progress and the potentiality for release, and (b) the subsequent long period until the Parole Board met. The Court of Appeal gave permission to apply for judicial review (being simpler than giving permission to appeal the High Court's refusal of permission to apply for judicial review).

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Full judgment: Possible Bailii link (not there when last checked, but it might have appeared since 0700 this morning!)
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Subject(s):

  • Deprivation of liberty🔍
  • Prison law cases🔍

Date: 18/7/13🔍

Court: Court of Appeal (Civil Division)🔍

Judge(s):

Parties:

  • LV🔍
  • Secretary of State for Justice🔍

Judicial history:

Citation number(s):

  • [2013] EWCA Civ 1086Not on Bailii!
  • [2013] MHLO 82

What links here:

Published: 30/8/13

Cached: 2019-08-26 08:11:13