R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) – Supreme Court
Supreme Court, 2nd July 2014
Supreme Court, 2nd July 2014
‘In respect of a prisoner due to be released on licence who was subject to multi-agency public protection arrangements, the policy guidance governing the imposition by the Secretary of State for Justice of additional conditions on the prisoner’s licence did not breach the requirements of procedural fairness or article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and was not inherently unlawful.’
WLR Daily, 19th June 2014
Source: www.iclr.co.uk
‘A review has been ordered after an armed robber dubbed “the Skull Cracker” went missing when he was temporarily allowed out of an open prison.’
BBC news, 5th May 2014
Source: www.bbc.co.uk
‘Another year, and yet more criminal justice legislation. The Criminal Justice and Courts Bill 2013-14 is going through Parliament at the moment, and it will come as no surprise that it includes new criminal offences.’
Halsbury’s Law Exchange, 22nd April 2014
Source: www.halsburyslawexchange.co.uk
‘The Secretary of State for Justice had not discriminated, directly or indirectly, in the performance of his functions of providing approved premises for women released from prison on licence.’
WLR daily 19th December 2013
Source: www.iclr.co.uk
‘Day release from prison is to be scaled back following a series of serious crimes committed by offenders temporarily out of jail.’
BBC News, 9th March 2014
Source: www.bbc.co.uk
‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’
UK Human Rights Blog, 2nd March 2014
Source: www.ukhumanrightsblog.com
In re Corey [2013] UKSC 76; [2013] WLR (D) 479
‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’
WLR Daily, 4th December 2013
Source: www.iclr.co.uk
Supreme Court, 4th December 2013
“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”
WLR Daily, 9th October 2013
Source: www.iclr.co.uk
“Five murderers who were released on licence from their life sentences have killed again in the past four years.”
Daily Telegraph, 16th September 2013
Source: www.telegraph.co.uk
“Most life sentence prisoners did not reoffend and were able to lead productive lives on release, said Liz Calderbank, Chief Inspector of Probation, and Nick Hardwick, Chief Inspector of Prisons, publishing the report of a joint inspection into life sentence prisoners. However, they added that the work done with life sentence prisoners at key points in their sentence could be improved.”
CrimeLine, 12th September 2013
Source: www.crimeline.info
“Murderers, rapists and other life prisoners are being allowed out on day release without being properly risk assessed, two watchdogs have warned.”
Daily Telegraph, 12th September 2013
Source: www.telegraph.co.uk
Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274
“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
“All prisoners face being banned from travelling abroad for up to 12 months after they are released under new plans to improve rehabilitation.”
Daily Telegraph, 30th May 2013
Source: www.telegraph.co.uk
“Radical reforms to the way criminals are rehabilitated will mean every offender leaving prison must serve a minimum of 12 months under supervision in the community, Justice Secretary Chris Grayling announced today [9 May].”
Ministry of Justice, 9th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Government plans to allow private companies to run parts of the probation service, to be unveiled on Wednesday, have sparked concerns about the future supervision of offenders with serious mental health issues.”
The Guardian, 5th May 2013
Source: www.guardian.co.uk
R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182; [2013] WLR (D) 107
“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”
UK Human Rights Blog, 25th October 2012
Source: www.ukhumanrightsblog.com