The applicant was serving life imprisonment for murder. He had been released on licence subject to a condition excluding him from the area of his former home. He claimed this condition was unlawful. The applicant’s own family connections were within that area. He claimed the condition was imposed for questions of public acceptability, and infringed his right to family life. An interference with those rights required justification. The interference was according to law. The need to respect the feelings of victims is appropriate. The original exclusion zone was not thought out properly, but the second was. The exclusion zone condition was proportionate and valid.
Judges:
The Honourable Mr Justice Stanley Burnton
Citations:
[2001] EWHC Admin 850
Links:
Statutes:
Criminal Justice Act 1991 Part II, Criminal Justice and Court Services Act 2000 69
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State For The Home Department Ex Parte Stafford HL 12-Mar-1998
The Home Secretary had the right not to follow a Parole Board’s recommendation to release a prisoner after the service of the tariff part of his sentence, where he was satisfied that the offender would commit further offences, even if those offences . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 12 April 2022; Ref: scu.166551
