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 checked last night, but might have appeared since)
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Subject(s):

• Deprivation of liberty🔍
• Prison law cases🔍 See Prison law for background information

Date: 18/7/13🔍

Court: Court of Appeal (Civil Division)🔍

Judicial history:

• LV v UK 50718/16 [2019] MHLO 32 (ECHR)
• LV v UK 50718/16 [2018] MHLO 22
• R v LV; R (LV) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56
• R (LV) v SSJ [2014] EWHC 1495 (Admin)
• R (LV) v SSJ [2013] EWCA Civ 1086
• R (LV) v SSJ [2012] EWHC 3899 (Admin)

Judge(s):

• Jackson🔍

Parties:

• LV🔍
• Secretary of State for Justice🔍

Citation number(s):

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

What links here:

• Prison law
• R (LV) v SSJ [2014] EWHC 1495 (Admin)
• 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)

Published: 30/8/13 21:58

Cached: 2025-06-13 15:49:08