Regina (Hussain) v Parole Board of England and Wales – WLR Daily

Posted April 20th, 2016 in delay, human rights, law reports, parole, transfer of proceedings by sally

Regina (Hussain) v Parole Board of England and Wales [2016] EWHC 288 (Admin)

‘The claimant, an indeterminate sentence prisoner, was referred by the Secretary of State to the Parole Board for consideration of his suitability for transfer to open prison conditions for the remaining three years of his minimum custodial term (in accordance with the relevant National Offender Management Service guidance). The purpose of such a transfer was to enable the claimant to demonstrate during that period, and in those conditions, that he no longer posed a level of risk to the public that warranted further detention and could therefore be considered for release at, or shortly after, the expiry of his fixed tariff in 2017. The Board was obliged under the Parole Board Rules 2011 to consider the claimant’s suitability at an oral hearing within 26 weeks of receiving the referral and, although the case was made ready for listing in September 2014, it was only set down in the following February and subsequently heard in May 2015. The defendant accepted that the listing of oral hearings had been subject to substantial delays at the time due to a lack of resources but contended that the claimant had still been moved to open conditions some two years prior to the expiry of his tariff and therefore he had not lost the opportunity to show his suitability for release at the time of his tariff expiry date. The claimant brought a claim for judicial review, contending that the delay in listing the oral hearing was unlawful under common law and in breach of article 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as it had delayed his transfer to open prison conditions and consequently deprived him of the opportunity to demonstrate his suitability for release at, or shortly after, the expiry of his tariff.’

WLR Daily, 24th February 2016

Source: www.iclr.co.uk

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An open or shut case? – UK Human Rights Blog

‘R(C) v. Secretary of State for Justice [2016] UKSC 2. When is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in this judgment, handed down on Wednesday. The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why?.’

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UK Human Rights Blog, 29th January 2016

Source: www.ukhumanrightsblog.com

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Paroled murderer wins fight to remain anonymous – The Guardian

Posted January 27th, 2016 in anonymity, appeals, mental health, murder, news, parole, Supreme Court by sally

‘A convicted murderer, recently released from a psychiatric hospital, has won his supreme court battle to keep his identity secret.’

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The Guardian, 27th January 2016

Source: www.guardian.co.uk

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M25 road rage killer Kenneth Noye will not be freed from jail – BBC News

Posted September 22nd, 2015 in murder, news, parole, sentencing by sally

‘Road rage killer Kenneth Noye has been told he will not be released from jail on licence, the Parole Board has said.’

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BBC News, 21st September 2015

Source: www.bbc.co.uk

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Crime would fall if jail population was halved, says penal reform charity – The Independent

Posted September 7th, 2015 in charities, news, parole, prisons, sentencing, statistics, women by sally

‘Billions of pounds would be saved and crime would fall if the prison population were slashed by more than half, a penal reform charity claims.’

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The Independent, 7th September 2015

Source: www.independent.co.uk

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Legal aid restrictions delaying prisoners’ rehabilitation, court told – The Guardian

Posted July 8th, 2015 in legal aid, news, parole, prisons, rehabilitation by sally

‘Thousands of prisoners are being prevented from starting rehabilitation because they are denied legal aid for parole board hearings, the court of appeal has been told.’

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The Guardian, 7th July 2015

Source: www.guardian.co.uk

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Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

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‘DNA’ child killer Colin Pitchfork gets parole review – BBC News

Posted April 28th, 2015 in murder, news, parole, sentencing by sally

‘The case of a notorious child killer who became the first man to be convicted under DNA evidence is being considered by the Parole Board.’

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BBC News, 27th April 2015

Source: www.bbc.co.uk

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Prisoner ‘absconder policy’ is ruled unlawful by High Court – BBC News

Posted April 2nd, 2015 in fugitive offenders, illegality, news, parole, prisons by sally

‘A government policy to ban inmates with a history of absconding from being transferred to open prisons has been declared unlawful by senior judges.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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New sentencing measures to take effect next month – Ministry of Justice

‘A series of tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force when the Criminal Justice and Courts Act 2015 takes effect on 13 April.’

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Ministry of Justice, 20th March 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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Murderer could be released at parole hearing – Daily Telegraph

Posted February 17th, 2015 in murder, news, parole by sally

A criminal behind the audacious Brinks-Mat bullion heist who went on to stab a man to death during a motorway brawl could be released from jail, it has been claimed

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Daily Telegraph, 13th February 2015

Source: www.telegraph.co.uk

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Kenneth Noye, M25 road rage killer, to get parole hearing – BBC News

Posted February 13th, 2015 in murder, news, parole by tracey

‘Road rage killer Kenneth Noye, one of the UK’s most notorious criminals, has been given the chance to argue for his release at a parole hearing.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

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Delays in prisoner rehabilitation did not breach Convention – Strasbourg Court – UK Human Rights Blog

Posted November 10th, 2014 in human rights, news, parole, prisons, rehabilitation by sally

‘Two prisoners have failed in their human rights protest against prison rehabilitation courses in the United Kingdom.’

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UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

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Feeling the pressure on prisoner release – The Guardian

Posted September 24th, 2014 in budgets, criminal justice, delay, judges, news, parole, prisons by sally

‘David Calvert-Smith leads a parole board confronted by an unprecedented backlog of hearings and little option but to keep inmates waiting in overcrowded prisons.’

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The Guardian, 24th September 2014

Source: www.guardian.co.uk

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What is the point of victim impact statements? – The Independent

Posted August 6th, 2014 in bereavement, confidentiality, data protection, evidence, judges, murder, news, parole, victims by sally

‘A parole judge has apologised to bereaved parents for saying that victim impact statements make no difference. So what are they really for? Paul Gallagher finds out.’

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The Independent, 6th August 2014

Source: www.independent.co.uk

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Judge says victim statements make ‘no difference’ – Daily Telegraph

Posted August 5th, 2014 in judges, news, parole, victims by sally

‘Judge apologises for comments overheard by bereaved family at a parole hearing but insists their statements cannot affect judgements over prisoners’ risk.’

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Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

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Parole system preparing for overload as Supreme Court ruling gives prisoners right to ‘hopeless’ hearings – The Independent

Posted July 14th, 2014 in budgets, news, oral hearings, parole, statistics, Supreme Court by sally

‘The parole system is preparing for overload after a ruling gave prisoners the right to have hearings even when there is no hope of release.’

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The Independent, 12th July 2014

Source: www.independent.co.uk

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Prison law legal aid appeal granted – Law Society’s Gazette

Posted July 4th, 2014 in appeals, legal aid, news, parole, prisons by tracey

‘The fight by two charities against cuts to prison law legal aid will continue after the Court of Appeal granted permission to appeal the High Court’s rejection of the challenge.’

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Law Society’s Gazette, 2nd July 2014

Source: www.lawgazette.co.uk

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‘Catch Me If You Can’ fugitive on the run once again – Daily Telegraph

Posted May 29th, 2014 in early release, fugitive offenders, news, parole, recidivists by michael

‘A robber who went on the run and taunted police with ‘Catch Me If You Can’-style messages has disappeared again after being granted early release.’

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Daily Telegraph, 28th May 2014

Source: www.telegraph.co.uk

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Cuts to legal aid: seeking permission for judicial review – CrimeLine

Posted March 6th, 2014 in judicial review, legal aid, news, parole, prisons by tracey

‘Two charities will go to court tomorrow (6 March) to seek permission to challenge the government’s decision to cut legal aid for prisoners.’

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CrimeLine, 5th March 2014

Source: www.crimeline.info

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