R (on the application of Hussain) v Parole Board of England and Wales

Prison – Prison conditions. The Administrative Court allowed the claimant indeterminate sentence prisoner's application for judicial review. In having a system in which the review date for consideration of the transfer of indeterminate sentence prisoners to open conditions and the actual transfers had been so delayed, the defendant Parole Board had been in breach of the common law duty and, as that systemic failure had directly affected the claimant, also in breach of his ancillary right under art 5 of the European Convention on Human Rights.

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