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13 September 2007
Issue: 7288 / Categories: Legal News , Human rights
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Parole Board not independent enough

News

The way prisoners are assessed for suitability for release may have to be radically overhauled after the High Court ruled that the Parole Board was not sufficiently independent of the government.

Four prisoners successfully argued in R (on the application of Brooke) v Parole Board that their right to a fair hearing had been violated because of the close link between the board and the government. The lead case was brought by Michael Brooke, who was jailed for seven years in July 2001 for burglary. He was released on parole but then recalled.

Lord Justice Hughes and Mr Justice Treacy said they had found no sign of any bid by the former Home Office—and now the Ministry of Justice—to influence individual cases but ruled that the government’s present arrangements for the board “do not sufficiently demonstrate its objective independence” as required by Art 5 (right to liberty) of the European Convention on Human Rights.

Issues raised during the case included the government’s refusal to fund interviews with the prisoner conducted by the Parole Board as part of the risk assessment procedure, and the making of rules by the government about the manner in which the Parole Board conducted reviews.

Issue: 7288 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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