R (LV) v SSJ (2013) EWCA Civ 1086: Difference between revisions

Latest revision as of 11:55, 8 October 2021

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).

CASES DATABASE

Full judgment: Possible Bailii link (not there when checked last night, but might have appeared since)
Download here

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:

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:

Published: 30/8/13 21:58

Cached: 2025-06-11 12:18:22

@@ Line 8: / Line 8: @@
 |Judicial history first case=R (LV) v SSJ (2012) EWHC 3899 (Admin)
 |Sentence=MHT/PB delay
-|Summary=''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).''
+|Summary=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).
 |Subject=Deprivation of liberty, Prison law cases
 |Judgment=(2013) EWCA Civ 1086.pdf