This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-21247242

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
Rapist wins damages from government Rapist Samuel Betteridge wins damages from government
(35 minutes later)
The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released.The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released.
The European Court of Human Rights (ECHR) ruled Samuel Betteridge should be compensated for waiting 13 months for a Parole Board hearing. Samuel Betteridge, from Mablethorpe in Lincs, should be compensated for a 13-month wait for a parole hearing, the European Court of Human Rights ruled.
He was jailed in 2005 for raping a 14-year-old girl. Betteridge, 58, was jailed in 2005 for raping a 14-year-old girl.
Betteridge was awarded 750 euros, plus 2,000 euros in costs after the court decided his rights had been breached. He was awarded 750 euros plus 2,000 euros in costs, after the court decided his rights had been breached.
It is understood Betteridge remains in jail, in an open prison. His next parole review is later this year.
The court said his right to have "lawfulness of detention decided speedily by a court" had been breached.The court said his right to have "lawfulness of detention decided speedily by a court" had been breached.
The parole board finally heard his case in January 2010 and recommended that Betteridge, who was serving an indeterminate sentence with a three-and-a-half year minimum term, be transferred to an open prison - the first stage towards his release. The Parole Board finally heard his case in January 2010 and recommended Betteridge, who was serving an indeterminate (IPP) sentence with a three-and-a-half year minimum term, be transferred to an open prison - the first stage towards his release.
In its ruling, the ECHR said: "The delay in reviewing Mr Betteridge's case was the direct result of the failure of the authorities to anticipate the demand which would be placed on the prison system following the introduction of IPP [imprisonment for public protection] sentencing and that it was for the state to organise its judicial system in such a way as to enable its courts to comply with the requirement under the convention of a speedy hearing to review the lawfulness of detention."
It is the second time that a court has ruled in Betteridge's favour.It is the second time that a court has ruled in Betteridge's favour.
In June 2009, the High Court said there had been delays in hearing his case because of a lack of manpower at the Parole Board.In June 2009, the High Court said there had been delays in hearing his case because of a lack of manpower at the Parole Board.
In its ruling the European court criticised the UK government for its handling of the introduction of IPP sentences.
It said the delay in reviewing Mr Betteridge's case was the result of the failure of the authorities to anticipate the demand which would be placed on the prison system following the introduction of IPP sentencing.
"It was for the state to organise its judicial system in such a way as to enable its courts to comply with the requirement under the convention of a speedy hearing to review the lawfulness of detention," it said.
£100,000 paid out
The Parole Board says it does not expect there will be a significant number of compensation claims following the judgment, but it is thought there are a couple already in the pipeline.
The board has revealed it paid out more than £100,000 to prisoners last year - mainly because of delays in reviewing their cases.
A board spokesman said there had been a significant increase in the number of prisoners becoming eligible for reviews since 2005 - almost entirely because of the new IPP sentenced introduced in the Criminal Justice Act 2003.
"The number of IPP prisoners far exceeded that which had been forecast and caused significant resource problems, not only for the Parole Board, but other bodies such as the prison and probation authorities.
"As a result, a large backlog of prisoners awaiting parole hearings built up over a number of years.
"Various measures taken by the Board and the Ministry of Justice have helped reduce this backlog to a manageable level."
The IPP sentence has now been abolished as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The board spokesman said: "Not every prisoner will be entitled to monetary compensation for delays, and where it has a good case to argue the Parole Board will vigorously defend such claims. Where it is unable to defends, the board will seek to settle out of court to save legal fees."
In November the Supreme Court considered an appeal in the case of Daniel Faulkner.
That judgment, which is expected soon, will decide the circumstances in which prisoners are entitled to compensation, the spokesman said.