R (on the application of Noorkoiv) -v- Secretary of State for the Home Department [2002] 1 WLR 3284

Citation: R (on the application of Noorkoiv) -v- Secretary of State for the Home Department [2002] 1 WLR 3284

Court: Court of Appeal (Civil Division)

Decision

This decision is of relevance:

1. Post-release (i.e. to recalled prisoners) and;
2. Pre-release.

Once the Secretary of State has revoked an individual's licence, and he has subsequently been recalled to custody, the recalled prisoner should be brought before the Parole Board as quickly as possible. If not, Article 5(4) ECHR could be infringed. The lack of the Parole Board's recourses or administrative difficulties cannot justify a breach of Art. 5(4).

The principle also applies to prisoners who have served their minimum term (i.e prior to initial release). In this particular case, the appellant's Parole Board review did not occur until two months after the expiry of his minimum term. The court held that this delay amounted to a breach Art. 5(4). This is because the purpose of pre-release reviews is to determine whether the individual can be lawfully detained after the expiry of the minimum term.