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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: 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
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

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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