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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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