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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
printer mail-details

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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