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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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