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22 January 2010
Issue: 7401 / Categories: Case law , Law digest
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Human rights

R (on the application of O’Dowd (aka Boy George)) v National Probation Service, London [2009] EWHC 3415 (Admin), [2010] All ER (D) 26 (Jan)

The proceedings concerned a challenge by the claimant, a well-known singer, songwriter and disc jockey known as “Boy George” to the decision of the Probation Service precluding him from participating in the television programme “Celebrity Big Brother”.

The court held that the unqualified obligation in s 2(2) of the Criminal Justice and Court Services Act 2000 to have regard to the proper punishment of offenders applied to the management of offenders on licence. When considering what restrictions could properly be placed on offenders as incidents of supervision on licence, as part of a sentence of imprisonment, regard could be had to the expectations of right-thinking members of the democracy under whose laws a judge had imposed that sentence.

Those expectations were not to be discovered by reading editorials, articles or petitions in newspapers, whether broadsheet or tabloid. Right-thinking members of the public would take the view that an offender serving the non-custodial part

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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