Regina (Foley) v Parole Board for England and Wales and another – WLR Daily

Posted August 1st, 2012 in early release, law reports, parole, prisons, release on licence, sentencing by sally

Regina (Foley) v Parole Board for England and Wales and another [2012] EWHC 2184 (Admin); [2012] WLR (D) 241

“There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Regina (Modhej and another) v Secretary of State for Justice – WLR Daily

Posted July 19th, 2012 in appeals, law reports, release on licence, sentencing by tracey

Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957;  [2012] WLR (D)  210

“Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed matters relating to release.”

WLR Daily, 17th July 2012

Source: www.iclr.co.uk

Sex offenders being released from prison without accessing treatment programme – The Independent

Posted June 12th, 2012 in news, rehabilitation, release on licence, reports, sexual offences by sally

“Too many sex offenders are being released from prison without having access to a treatment programme at all, inspectors said today.”

Full story

The Independent, 12th June 2012

Source: www.independent.co.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012 – legislation.gov.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Regina (McGetrick) v Parole Board and another – WLR Daily

Posted April 5th, 2012 in evidence, law reports, parole, release on licence, removal directions by sally

Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114

“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

Women should get time out of jail to see their children, judge rules – Daily Telegraph

Posted February 14th, 2012 in detention, human rights, news, parental rights, release on licence, women by sally

“Female prisoners should be allowed time out of jail to see their children, the High Court ruled yesterday after dismissing Kenneth Clarke’s attempts to restrict women from doing so.”

Full story

Daily Telegraph, 14th February 2012

Source: www.telegraph.co.uk

Damilola Taylor killer recalled to prison – The Guardian

Posted February 13th, 2012 in homicide, news, release on licence by sally

“The father of schoolboy Damilola Taylor has called for a public inquiry after one of his son’s killers was recalled to prison for a second time, just 16 days after being released.”

Full story

The Guardian, 10th February 2012

Source: www.guardian.co.uk

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

Posted February 1st, 2012 in law reports, legislation, release on licence, sentencing by sally

Regina (Elam) v Secretary of State for Justice [2012] EWCA Civ 29; [2012] WLR (D) 14

“The licence expiry date applicable to a prisoner serving consecutive terms of imprisonment including at least one term of 12 months or more was to be determined by the provisions of section 264(3) of the Criminal Justice Act 2003 unless all the offences for which the sentences were imposed had been committed before section 264 came into force on 4 April 2005; in such a case, section 37(1) of the Criminal Justice Act 1991 continued to govern the licence expiry date by virtue of the saving provision in paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005.”

WLR Daily, 27th January 2012

Source: www.iclr.co.uk

Too many women in prison for breaching community orders – The Guardian

Posted October 13th, 2011 in community service, news, prisons, release on licence, reports, women by tracey

“Too many women are still serving short-prison sentences, often for breaching community orders for crimes that do not themselves carry a prison sentence, according to criminal justice watchdogs. A joint report by the chief inspectors of prisons, probation and the Crown Prosecution Service, published on Thursday, says the size of female prison population – 4,243 in England and Wales – is still a matter of concern.”

Full story

The Guardian, 13th October 2011

Source: www.guardian.co.uk

Ex-soldier jailed for another rape – The Independent

Posted September 23rd, 2011 in news, rape, release on licence, sentencing by tracey

“An ex-soldier who raped a woman while on licence after serving a prison term for another rape was jailed for seven years today.”

Full story

The Independent, 22nd September 2011

Source: www.independent.co.uk

Damilola Taylor killer returned to prison – The Guardian

Posted March 14th, 2011 in homicide, news, probation, release on licence by sally

“One of two brothers convicted of killing Damilola Taylor has been returned to prison after breaching licence conditions that were applied to him after he was released last year.”

Full story

The Guardian, 13th March 2011

Source: www.guardian.co.uk

Naomi Bryant inquest: Failings in sex offender release – BBC News

Posted March 10th, 2011 in inquests, murder, news, recidivists, release on licence, sexual offences by sally

“A woman was killed by a convicted sex offender after a series of failings by the agencies involved in his release, an inquest jury has ruled.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Regina (Oakes) v Secretary of State for Justice and others – WLR Daily

Posted October 26th, 2010 in law reports, release on licence by sally

Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267

“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of  ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”

WLR Daily, 25th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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

Posted September 13th, 2010 in appeals, law reports, release on licence, sentencing by sally

Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241

“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”

WLR Daily, 9th September 2010

Source: www.lawreports.co.uk

 Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Damilola Taylor killer Rickie Preddie freed from prison – BBC News

Posted September 8th, 2010 in murder, news, release on licence, young offenders by sally

“One of the men convicted of killing 10-year-old Damilola Taylor has been released from prison.”

Full  story

BBC News, 8th September 2010

Source: www.bbc.co.uk

Prisoners paid £1m in late-release compensation – The Independent

Posted August 5th, 2010 in compensation, Ministry of Justice, news, prisons, release on licence by sally

“Prisoners were given more than £1 million in compensation after being released late from jail over the last three years, figures showed today.”

Full story

The Independent, 5th August 2010

Source: www.independent.co.uk

Jon Venables case: inquiry ordered into parole supervision – The Guardian

Posted July 26th, 2010 in inquiries, news, parole, release on licence by sally

“The Ministry of Justice is to review how Jon Venables, one of the young killers of James Bulger, was supervised after his release from custody in 2001.”

Full story

The Guardian, 24th July 2010

Source: www.guardian.co.uk

Inside the Parole Board: how freedom is granted or denied for prisoners – The Guardian

Posted July 20th, 2010 in early release, news, parole, prisons, release on licence by sally

“Unprecedented access opens door to the often publicly criticised, but little understood, workings of the Parole Board.”

Full story

The Guardian, 19th July 2010

Source: www.guardian.co.uk

Regina (Noone) v Governor of HMP Drake Hall and another – WLR Daily

Posted July 1st, 2010 in law reports, prisons, release on licence, sentencing, Supreme Court by sally

Regina (Noone) v Governor of HMP Drake Hall and another [2010] UKSC 30; [2010] WLR (D) 164

“The release provisions of the Criminal Justice Act 1991 applied to sentences of under 12 months’ imprisonment, unless they were imposed concurrently or consecutively with sentences of 12 months or over, in which case the provisions of the Criminal Justice Act 2003 applied.”

WLR Daily, 30th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Civil liberties row sparked by tough parole controls on terrorism act offenders – The Observer

Posted June 28th, 2010 in human rights, news, probation, release on licence, terrorism by sally

“A major civil liberties row is threatening to erupt over the ‘unprecedented’ parole conditions imposed on members of Islamist groups now being released from prison having completed their sentences for terrorist offences.”

Full story

The Observer, 27th June 2010

Source: http://observer.guardian.co.uk/