R (LV) v SSJ [2014] EWHC 1495 (Admin)
MHT/PB delay "In the light of authority, Mr Southey accepts that he cannot submit as a matter of principle that the system by which the Claimant's release was considered by two successive bodies, the Tribunal and the Parole Board, is in conflict with the Claimant's Article 5(4) rights. ... He goes on to argue that, on the facts as they are here, if there were to be two hearings before two bodies, the state had a legal obligation to ensure expedition throughout the overall process. He says there was no such expedition, since the review of the legality of the Claimant's detention took almost 22 months from the date when the Claimant applied to the Tribunal on 24 May 2011 to the decision of the Parole Board on 21 March 2013. Within that period, Mr Southey makes a series of specific complaints as to periods of delay. ... The claim for judicial review is dismissed as against both Defendants. ... Although it took a considerable time to be resolved, there was in my view no breach of the obligation on the part of the State to provide a 'speedy' resolution."
Full judgment: BAILII
Subject(s):
- Deprivation of liberty🔍
- Prison law cases🔍 See Prison law for background information
Date: 15/5/14🔍
Court: High Court (Administrative Court)🔍
Judicial history:
Judge(s):
- Irwin🔍
Parties:
Citation number(s):
- [2014] EWHC 1495 (Admin)B
- [2014] MHLO 33
- Prison law
- Sections 47, 48 and 49: transferred prisoners
- R (LV) v SSJ [2013] EWCA Civ 1086
- R v LV; R (LV) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56
- LV v UK 50718/16 [2018] MHLO 22
- R (LV) v SSJ [2012] EWHC 3899 (Admin)
- LV v UK 50718/16 [2019] MHLO 32 (ECHR)
- Jonathan Wilson, 'Mental health: update' (Legal Action, March 2020)
Published: 18/5/14 01:11
Cached: 2024-11-05 21:42:29
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