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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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