Girling v Parole Board and Secretary of State for the Home Department: Admn 8 Apr 2005

Once the punitive or tariff term of imprisonment on a convicted murderer, is completed, risk to life and limb provides the sole ground for continued detention. The Parole Board, being subject to directions from the Home Secretary, was not an independent tribunal which could satisfy the claimant’s right to a fair trial.
Walker J
[2005] EWHC 546 (Admin), [2006] 1 WLR 1917, [2006] 1 All ER 11
Criminal Justice Act 1991 32(6)
England and Wales
Cited by:

  • Cited – Roberts v Parole Board HL 7-Jul-2005
    Balancing Rights of Prisoner and Society
    The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
    Held: . .
    [2005] UKHL 45, [2005] 2 AC 738, [2005] HRLR 38, [2005] UKHRR 939, [2006] 1 All ER 39, [2005] RPC 10, [2005] 3 WLR 152
  • Appeal From – Girling v Secretary of State for the Home Department and Another CA 21-Dec-2006
    The claimant had challenged the findings of the Parole Board in his case, saying that the Board was not an independent tribunal as required under human rights law, since it was subject to direction from the Home Secretary.
    Held: The Home . .
    [2006] EWCA Civ 1779, Times 19-Jan-07, [2007] 2 WLR 782, [2007] 2 All ER 688, [2007] QB 783

These lists may be incomplete.
Updated: 02 December 2020; Ref: scu.224534