PAROLE BOARD DELAY CLAIMS
Any claim made for a breach of the Human Rights Act should generally be made within 12 months of the delayed parole hearing.
If the prisoner can establish that it is more likely than not that they would have been released sooner if their hearing had taken place on time, they will be able to recover compensation at a higher rate. This is on the basis that they have been unlawfully detained. NB There are some reasons for delays which would be regarded as lawful.
For other hearings which have not led to release but have been unreasonably delayed for over three months, it is still possible to recover compensation at a lower rate. It is also sometimes possible to claim for delays to pre-tariff reviews.
The Parole Board will often settle legitimate claims and these matters do not usually proceed to court.
We can advise prisoners and ex-prisoners who believe that they may have a legitimate claim for damages.
We can pursue claims and recover damages for our clients. Please contact us if you want us to help and advise you. Our work on these cases is funded by a damages-based agreement.
Breaches of Article 5(4) of the European Convention on Human Rights
Prisoners who are serving indeterminate sentences (lifers or IPPs), have a right to a speedy review of their detention after they have completed their tariff (or minimum term). This right is protected under article 5(4) of the European Convention on Human Rights.
There is also a duty to provide timely pre-tariff expiry hearings for indeterminate sentence prisoners seeking to progress to open conditions.
Prisoners who are serving indeterminate sentences who have experienced a delayed Parole Board hearing may be eligible to make a claim against the Parole Board and receive compensation (‘damages’).