CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 12 avril 1996

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 28189/95                       by Keith POLLARD                       against the United Kingdom         The European Commission of Human Rights (First Chamber) sitting in private on 12 April 1996, the following members being present:              Mr.    C.L. ROZAKIS, President            Mrs.   J. LIDDY            MM.    E. BUSUTTIL                  A. WEITZEL                  M.P. PELLONPÄÄ                  B. MARXER                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL              Mrs.   M.F. BUQUICCHIO, Secretary to the Chamber         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 26 July 1995 by Keith POLLARD against the United Kingdom and registered on 9 August 1995 under file No. 28189/95;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having deliberated;         Decides as follows:   THE FACTS         The applicant, a United Kingdom citizen born in 1966, resides in Preston, Lancashire.   Before the Commission he is represented by Ms. Deborah Still, a solicitor practising in Preston.         The facts of the case as submitted by the applicant may be summarised as follows.         The applicant became liable to pay community charge (poll tax) on 31 March 1990.   Three liability orders were issued on 30 January 1991, 25 March and 1 July 1992.         Since April 1993 the applicant was in receipt of income support.         On an unspecified date the Hyndburn Borough Council sought to commit the applicant to prison for non payment of community charge. On 14 July 1993 the applicant appeared before the Hyndburn Magistrates' Court.   At the hearing he was represented by a solicitor.   The applicant explained that he had considerable debts and that he was unable to meet the payments.   It was also argued on the applicant's behalf that if the Court were minded to find wilful refusal or culpable neglect then they should suspend any terms of imprisonment on term.         On the same day the Hyndburn Magistrates' Court committed the applicant to 72 days in prison for failure to pay community charge.         The applicant served 21 days in prison.   He applied for, and was granted, release on bail and leave to apply for judicial review before the High Court.         On 25 January 1995, at an oral hearing, the High Court delivered an order quashing the applicant's committal to prison.   The grounds therefor were that the imprisonment order had been delivered without proper regard to possible alternatives to immediate imprisonment.   The judgment stated inter alia that the Magistrates had made an order "which as a matter of law they had no power to make".         On 25 July 1995 the applicant signed a power of attorney authorising his solicitor to represent him before the Commission. On 26 July 1995 the solicitor wrote a cover letter and posted the application to the Commission.   COMPLAINTS         The applicant complains under Article 5 para. 1 of the Convention that his detention was unlawful in that the court failed to enquire into the applicant's means before issuing the committal order.   The court thus failed to meet a condition precedent to the issuance of the committal order and, therefore, acted in excess of jurisdiction.         The applicant also complains under Article 5 para. 5 of the Convention of the lack of compensation for the unlawful detention.         Under Article 6 of the Convention the applicant submits that legal aid was not available at the committal hearing.   THE LAW         The applicant raises complaints under Articles 5 and 6 (Art. 5, 6) of the Convention concerning his committal to prison for failure to pay community charge.         The Commission has examined whether the applicant has complied with the six months' rule under Article 26 (Art. 26) of the Convention. It recalls the Convention organs' case-law according to which, as regards the time limits under the Convention, the first day of a time- limit is considered to start on the day following the final decision, whereas "months" are calculated as calendar months regardless of their actual duration.   An application is considered to be introduced within the time-limit if it was posted on or before the last day of the six months period (cf. Eur. Court H.R., Oberschlick judgment of 23 May 1991, Series A no. 204, p. 21 paras. 38 - 40;   Istituto di Vigilanza judgment of 22 September 1993, Series A no. 265-C, p. 35 para. 14; Appl. No. 21034/92, Dec. 9.1.95, D.R. 80, p. 87).         The Commission notes that the final decision in the present case, within the meaning of Article 26 (Art. 26) of the Convention, was the High Court's judgment of 25 January 1995 and that it was pronounced on the same day in open court.   It follows that the six months' time-limit runs from 26 January 1995, the day following the final decision, and that its last day is 25 July 1995.         The Commission further notes that the applicant has signed a power of attorney authorising his representative before the Commission, on 25 July 1995.   However, his application was posted on 26 July 1995, which is also the date of the solicitor's cover letter.         It follows that the application has been introduced out of the six months' time-limit contrary to Article 26 (Art. 26) of the Convention and has to be rejected under Article 27 para. 3 (Art. 27-3) of the Convention.         For these reasons, the Commission, unanimously,         DECLARES THE APPLICATION INADMISSIBLE.   Secretary to the First Chamber        President of the First Chamber         (M.F. BUQUICCHIO)                       (C.L. ROZAKIS)