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.
