R (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th November 2007

Source: www.lawreports.co.uk

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