“A man jailed for 45 years for plotting to blow up an Israeli airliner won a High Court challenge today against Government refusals to allow his early release.”
The Independent, 1st April 2011
Source: www.independent.co.uk
from the Inner Temple Library
“A man jailed for 45 years for plotting to blow up an Israeli airliner won a High Court challenge today against Government refusals to allow his early release.”
The Independent, 1st April 2011
Source: www.independent.co.uk
“A criminal who killed a man in a pub brawl has won taxpayer-funded compensation because a delayed parole hearing breached his human rights.”
Daily Telegraph, 16th March 2011
Source: www.telegraph.co.uk
“A man jailed for 45 years for plotting to blow up an Israeli airliner flying out of Heathrow today challenged the government’s refusal to accept a parole board recommendation to release him.”
The Guardian, 25th November 2010
Source: www.guardian.co.uk
“The Law Society has called on the government to look at introducing a three-tier system of sentencing for murder, after research published today revealed a lack of public support for the current mandatory life sentence.”
Law Society’s Gazette, 29th October 2010
Source: www.lawgazette.co.uk
“The government should fast-track the parole hearings of almost 2,500 prisoners who have served their minimum sentence but are still being held in jail for ‘public protection’, a leading barrister has said.”
The Guardian, 31st October 2010
Source: www.guardian.co.uk
“The Ministry of Justice is to review how Jon Venables, one of the young killers of James Bulger, was supervised after his release from custody in 2001.”
The Guardian, 24th July 2010
Source: www.guardian.co.uk
“Unprecedented access opens door to the often publicly criticised, but little understood, workings of the Parole Board.”
The Guardian, 19th July 2010
Source: www.guardian.co.uk
“Large numbers of prisoners are spending longer in jail than necessary due to the increasingly risk-averse attitude of the public and politicians, according to the chair of the parole board.”
The Guardian, 19th July 2010
Source: www.guardian.co.uk
“A high court judge today ruled that Peter Sutcliffe, the Yorkshire Ripper, will not be eligible for parole and must spend the rest of his life in custody.”
The Guardian, 16th July 2010
Source: www.guardian.co.uk
“Large numbers of prisoners who pose no danger to the public are trapped in jail because society has become risk-averse over whether to release them on licence, the chair of the Parole Board for England and Wales said tonight.”
The Guardian, 31st March 2010
Source: www.guardian.co.uk
“Large numbers of prisoners are being held behind bars despite posing no threat to society, the chair of the Parole Board for England and Wales said last night.”
Daily Telegraph, 1st April 2010
Source: www.telegraph.co.uk
“Jack Straw today (26 August) became the first British minister to raise questions about the handling of the release of the Lockerbie bomber, Abdelbaset al-Megrahi.”
The Guardian, 26th August 2009
Source: www.guardian.co.uk
“Preparations are under way to free the Libyan man convicted of the Lockerbie bombing from prison next week, after doctors said his terminal prostate cancer was in its final stages.”
The Guardian, 13th August 2009
Source: www.guardian.co.uk
“The great train robber Ronnie Biggs has been given permission to challenge the decision to refuse him parole, his legal adviser said today.”
The Guardian, 30th July 2009
Source: www.guardian.co.uk
“Ronnie Biggs, the man at the centre of Britain’s great train robbery, will remain in prison after the justice secretary, Jack Straw, refused to grant him parole.”
The Guardian, 1st July 2009
Source: www.guardian.co.uk
“The parents of murdered French students Laurent Bonomo and Gabriel Ferez are to sue British authorities over systematic failures in the justice system that contributed to their sons’ deaths.”
The Guardian, 5th June 2009
Source: www.guardian.co.uk
“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”
WLR Daily, 6th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Lee) v Same; Regina (Wells) v Same
House of Lords
“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
“The Parole Board has postponed recommending whether Ronnie Biggs should be released from jail in the summer in a wrangle over who should pay for round-the-clock medical care for the Great Train Robber.”
The Times, 24th April 2009
Source: www.timesonline.co.uk
“Britain’s most notorious police killer hopes to be freed from prison within months, having served 42 years in jail.”
The Times, 28th February 2009
Source: www.timesonline.co.uk
“Gordon Brown has said it is ‘very unlikely’ Yorkshire Ripper Peter Sutcliffe will be released from jail.”
BBC News, 18th February 2009
Source: www.bbc.co.uk
“Great train robber Ronnie Biggs may walk free this summer, it emerged last night. A parole board meeting on 3 July will decide if he can be released from Norwich jail after nine and a half years in custody in the UK and more than 35 years on the run in Australia and Brazil since the £2.3m raid on the Glasgow to London mail train.”
The Guardian, 18th February 2009
Source: www.guardian.co.uk
Regina (Black) v Secretary of State for Justice
House of Lords
“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”
The Times, 30th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The Lord Chief Justice has ordered immediate changes to the system of reviewing jail terms after learning that killers could be having their tariffs wrongly reduced because vital information is not seen by judges.”
Daily Telegraph, 3rd November 2008
Source: www.telegraph.co.uk
Regina v Hills; Regina v Pomfret; Regina v Davies
Court of Appeal (Criminal Division)
“A consecutive prison sentence could be added to a life sentence where the circumstances warranted it.”
The Times, 7th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Mason v Ministry of Justice [2008] EWHC 1787 (QB); [2008] WLR (D) 265
“The discretion to release a prisoner on home detention curfew could lawfully be exercised by the executive. An individual’s right under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms, to take proceedings by which the lawfulness of his detention could be decided, was adequately protected by the possibility of review of decisions of the executive on general public law principles.”
WLR Daily, 30th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R v Hills; R v Davies; R v Pomfret; [2008] WLR (D) 251
There was no practical reason why an order should not be made requiring an offender to serve an additional period of imprisonment other than the minimum period before being considered for parole where there had been a planned, deliberate and serious act of violence, in circumstances which fully justified a significant sentence of imprisonment.”
WLR Daily, 24th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Nearly 29,000 criminals have been freed from prison early in the first 11 months of an emergency scheme to beat jail overcrowding, it was announced yesterday.”
The Independent, 1st July 2008
Source: www.independent.co.uk
“A prisoner allegedly raped someone after being released early under a government scheme aimed at easing jail overcrowding, it has emerged.”
BBC News, 27th June 2008
Source: www.bbc.co.uk
“Reginald Wilson, currently serving life for slaughtering Teesside skin specialist, David Birkett, can ask the Parole Board to free him next month after a top judge overturned his ‘whole life’ jail tariff yesterday.”
Daily Telegraph, 17th May 2008
Source: www.telegraph.co.uk
“The killer of headteacher Philip Lawrence will remain in prison for several more months despite being eligible for release.”
BBC News, 21st April 2008
Source: www.bbc.co.uk
R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114
“S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 17th April 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Dunn v Parole Board [2008] EWCA Civ 374; [2008] WLR (D) 110
“In the context of CPR Pt 11, the limitation provisions within s 7(5) of the Human Rights Act 1998 provided a defence to a claim rather than going to jurisdiction, so that a failure to apply to strike out within 14 days of acknowledging service did not preclude a defendant from applying to strike out a claim on the basis of limitation.
The Court of Appeal so stated when dismissing the appeal of the claimant, Peter Dunn, from a decision of Judge Darroch, sitting in the Norwich County Court on 29 March 2007, striking out his claims against the defendant, The Parole Board, under the Human Rights Act 1998 and for false imprisonment arising out of his detention after recall to prison from that part of his sentence he was serving on licence in the community. There had been delay in the management of the case by the defendant. The grounds of appeal were that: (i) the court should have determined under CPR Pt 11 that the filing of an acknowledgment of service by the defendant precluded it from arguing the issue of limitation under s7(5) of the 1998 Act; (ii) the judge erred in finding that the claim for false imprisonment had no real prospect of success; (iii) the case was appropriate for the court to extend the period for bringing the claim under s7(5) of the 1998 Act.”
WLR Daily, 17th April 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Black) v Secretary of State for Justice
Court of Appeal
“Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court.”
The Times, 18th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
“A consultation on a new drive to reduce reoffending has been launched to establish how Probation Boards and Trusts will provide the most cost-effective route to help rehabilitate and punish offenders.”
Ministry of Justice, 9th April 2008
Source: www.justice.gov.uk
“Serious shortcomings in the way inmates are assessed for parole have been revealed by the National Audit Office.”
BBC News, 5th March 2008
Source: www.bbc.co.uk
“The public could be at risk because of the haphazard way potentially dangerous prisoners are being assessed for release, spending watchdogs have found.”
Daily Telegraph, 5th March 2008
Source: www.telegraph.co.uk
R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28
“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”
WLR Daily, 5th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”
WLR Daily, 5th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Walker (David)) v Secretary of State for Justice; Regina (James (Brett)) v Same
Court of Appeal
“The Secretary of State for Justice acted unlawfully in failing to let prisoners serving indeterminate sentences for public protection show the Parole Board by the expiry of their minimum terms that it was no longer necessary to confine them.”
The Times, 6th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The Parole Board’s relationship with the executive was such that it did not have the independence required when determining whether convicted prisoners should remain in prison or be released on licence.”
The Times, 5th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The justice minister, Jack Straw, suffered two embarrassing defeats in the court of appeal yesterday, which will force him to pour millions of pounds into the prison and parole system.”
The Guardian, 2nd February 2008
Source: www.guardian.co.uk
“A government plan to monitor offenders more closely was in tatters last night after ministers scaled back an IT programme because costs had almost doubled to £512 million.”
The Times, 9th January 2008
Source: www.timesonline.co.uk
R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)
“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”
WLR Daily, 13th November 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Relationship too close for independence of board
Queen’s Bench Divisional Court
“The Parole Board’s relationship with central government was such that it did not have sufficient independence to carry out its role of reviewing the continued detention of prisoners lawfully, as required by common law and article 5.4 of the European Convention on Human Rights.”
The Times, 18th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The troubled parole system suffered another blow yesterday when the High Court ruled that hearings in which prisoners are assessed for release are not sufficiently independent of Government.”
Daily Telegraph, 9th September 2007
Source: www.telegraph.co.uk
Parole Board responsibility
Regina (Gulliver) v. Parole Board
Court of Appeal
“When a prisoner who had been released on licence was recalled to prison, in deciding whether or not to order his release, the Parole Board was entitled to take into account all the circumstances, and was not confined to a review of the breach of the licence condition for which the Secretary of State for Justice had ordered his recall.”
The Times, 20th August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Time Online for 21 days from the date of publication.
“The Government’s problems in handling the crisis in the prison system were compounded today when the High Court ruled that the detention of prisoners with no facilities to assess their suitability for release was ‘arbitrary, unreasonable and unlawful’.”
The Independent, 31st July 2007
Source: www.independent.co.uk
“Millions of pounds are set to be paid out by the Government to prisoners kept in jail beyond their release dates.”
Daily Telegraph, 29th July 2007
Source: www.telegraph.co.uk
“A 71-year-old man jailed 40 years ago for murdering three police officers in Shepherds Bush, west London, was given permission yesterday to seek a judicial review. The 30-year sentence passed on Harry Roberts expired nine years ago.”
The Independent, 30th June 2007
Source: www.independent.co.uk
Parole board 55-day target unlawful
Regina (Cooper) v. Parole Board
Queen’s Bench Division
“Parole Board’s target of 55 days from request for the setting of hearing dates to considering the propriety of a person’s recall to prison, being driven by resources, was unlawful.”
The Times, 6th June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.