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07 February 2008
Issue: 7307 / Categories: Legal News , Public , Procedure & practice , Profession
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Parole Board lacks independence

Sentencing

The Parole Board is too close to government and should be more independent, the Court of Appeal has ruled. In an earlier ruling, the High Court found that the board had failed to demonstrate objective independence from the executive, thereby impeding the chances of prisoners being given a fair parole hearing. The justice minister, Jack Straw, argued that the board was a long-standing institute and that the High Court’s findings were unjustified. However, in R (on the application of Brooke) v Parole Board; R (on the application of Murphy) v Parole Board the lord chief justice, Lord Phillips, said that the High Court’s findings were “fully supported by the evidence”. He said that the cause of the problem had been the “change of function of the board from that of a body advising the secretary of state in relation to an executive discretion to release prisoners whose penal sentences were part served, to that of a judicial body assessing whether continued deprivation of a prisoner’s liberty was justified because of the risk that he would re-offend if released”.

He said there was still uncertainty about which role the board was performing in the case of a diminishing number of prisoners sentenced under previous regimes.

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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