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R (Kai Salter) v (1) Secretary of State for Justice and (2) Parole Board

Author / Contributor: Kris Gledhill
14.16
R (Kai Salter) v (1) Secretary of State for Justice and (2) Parole Board
   
Issue: Whether holding the oral hearing of an application for release by an indeterminate sentence prisoner 3 months after tariff expiry breached Art 5(4) ECHR; whether the Board applied the wrong test in law or did not have adequate evidence to uphold detention; whether a failure to recommend a transfer to open conditions was irrational; whether an 18 month gap until the next review breached Art 5(4).
   
Court: Administrative Court
   
Reference:   CO/11263/2008
   
Neutral Citation:   [2009] EWHC 1497 (Admin)
   
Judge(s): Higginbottom J
   
Date: 26 June 2009