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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Sentencing

R (O’Connell) v Parole Board [2007] EWHC 2591 (Admin), [2007] All ER (D) 205 (Nov

The defendant had been given an extended sentence under the Criminal Justice Act 2003, s 227. Under s 247, a prisoner has to satisfy the Parole Board that it is no longer necessary for the protection of the public for him to remain in custody for the second half of the custodial period before he is entitled to release.

The Parole Board’s decision as to whether or not to direct release, which is critical to the prisoner’s entitlement to release after he has served half of the custodial period, must be compliant with of the European Convention on Human Rights, Art 5(4). However, Art 5(4) does not require an oral hearing in every case where the question is the assessment of risk to the public. Whether or not an oral hearing is necessary depends on the facts of the case.

The Parole Board should be pre-disposed to hold an oral hearing, especially where there is any dispute of fact, or any need to examine the prisoner’s motives or state of mind.

Issue: 7299 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
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