Many prisoners are currently experiencing lengthy delays waiting for Parole Board hearings.
In September 2013 the Supreme Court decided that many more prisoners should be entitled to have an oral hearing before the Parole Board and this has led to an increase in delays. This is extremely frustrating for prisoners and understandably leads to anxiety, frustration and uncertainty.
Could I be entitled to compensation for a delayed Parole Board Hearing?
Prisoners who are serving indeterminate sentences (lifers or IPPs) have a right to a speedy review of their detention after they have served their tariff under article 5(4) of the European Convention & Human Rights.
In addition there is a duty to provide timely pre-tariff expiry hearings for any 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.
Any claim made for a breach of the Human Rights Act should generally be made within 12 months of the parole decision letter.
How much compensation could I receive?
There is case law which sets out the potential amount of compensation prisoners could receive. For cases of delayed release a guideline rate of £650 per month is suggested. For other delayed hearings a guideline rate of £50 per month is suggested. There is no current published guideline rate for pre tariff expiry open conditions delayed; however, £50 per month is a realistic guide.
The Parole Board will generally settle legitimate claims and these matters generally do not proceed to court.
Olliers Solicitors, Specialist Prison Lawyers, England and Wales
Olliers Solicitors provides specialist prison law advice and representation throughout England and Wales. Olliers can advise prisoners and ex-prisoners who believe that they may have a legitimate claim for damages to pursue their claim. Should you require assistance in relation to delayed Parole Board Hearings you should either contact the Prison Law Department on 0161 834 1515 or write to the Prison Law Department, Olliers Solicitors, Freepost, NEA13621, Manchester, M3 9ZL.