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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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