R (Mehmet) v SSJ [2009] EWHC 1202 (Admin)

The failure, without good cause, to provide to the Parole Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case (SARN report) was a breach of the Secretary of State’s public law obligations and accordingly unlawful.

Extracts from judgment

31. I derive from R (James) v SSJ [2009] UKHL 22 the following propositions relevant to the present case: (a) failure by the Secretary of State in providing the opportunity for a prisoner serving an indeterminate sentence to demonstrate to the Board at a first or subsequent review that it is no longer necessary for the protection of the public that he be detained does not render the prisoner’s continued detention unlawful under ECHR Article 5(4); (b) such a failure can, however, constitute a breach of the Secretary of State’s public law obligations susceptible to judicial review; (c) an example of such a failure constituting a breach of the Secretary of State’s public law obligations is where it results in the Board being deprived for a long period of the reports which constitute the prisoner’s rule 6 dossier, such as a current report on risk.

33. In my judgment the failure, without good cause, to provide to the Board for nearly a year a report on how the Claimant’s performance on the ABLB course impacts on the assessment of risk in his case is a breach of the Secretary of State’s public law obligations and accordingly unlawful. The Claimant is entitled to a declaration to that effect.

34. Mr Southey sought a mandatory order for the report to be produced within 14 days: I will not make such an order, but if the report is not produced by 26 June 2009 the Claimant is to have liberty to apply.

Other

Hearing: 21/4/09

Judgment: 2/6/09

Before: Bean J

Mr Hugh Southey (instructed by Michael Purdon, Newcastle on Tyne) for the Claimant

Steven Kovats (instructed by The Treasury Solicitor ) for the Defendant

External links

Transcript

BAILII!