Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23
Citation:Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23
Rule of thumb:If parole hearings are excessively delayed beyond the statutory times, are prisoners entitled to compensation? Yes, compensation is owed in these circumstances.
Background facts:
The facts of this case were that Mr Faulkner was a prisoner. His hearings for parole were delayed beyond the maximum amount of time that he was supposed to be given according to various criminal law statutes.
Judgment:
The Court affirmed that if these delays had not occurred, then he would have been released 10 months earlier than he was. The Court affirmed that he was entitled to an award of £6,500 for human rights violations over this.
Ratio-decidendi:
‘Mr Faulkner had suffered a breach of article 5(4) lasting for a period of 10 months, between March 2008 and January 2009, due to unjustified delays on the part of the Ministry of Justice… Mr Faulkner had spent some 10 months in prison when he ought not to have done… it appears to me that an award in the region of £6500 would adequately compensate Mr Faulkner for his delayed release, bearing in mind the conditional and precarious nature of the liberty foregone’, Lord Reed
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.