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R (NOORKOIV) v SECRETARY OF STATE FOR THE HOME DEPARTMENT AND ANOTHER

28 June 2002

Automatic life sentence prisoner reaching end of tariff period: Parole Board hearing on grant of licence delayed until up to three months after end of tariff period: whether compatible with Convention rights Appeal from Henriques J Because of his previous record, the prisoner became liable on conviction to an automatic life sentence under s 2 of the Crime (Sentences) Act 1997. The tariff period of his sentence was fixed at 30 months. The Parole Board had responsibility for considering whether the prisoner should then be released on licence. The board met quarterly to consider such cases. It then considered the cases of all prisoners whose tariff period had expired in the previous three months. The prisoner complained that the delay infringed his rights under Art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms to take proceedings by which the lawfulness of his continued detention should be decided speedily by a court. The judge...

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