Fundamental issues as to the function and status of the Parole Board. It does so in the context of a challenge to the decision of the Board on the 18th July 2006 refusing to direct the claimant’s release on licence under section 247 of the Criminal Justice Act 2003 (the 2003 Act). The challenge was based on four grounds. First, the decision was one which entitled him to the protection of Article 5(4) of the European Convention on Human Rights. Second, the Board does not have the necessary independence which is required for any body carrying out functions under Article 5(4). Third, the Board failed, in breach of both its common law obligation of fairness, and its obligations pursuant to Article 5(4), to give the claimant an oral hearing. Fourth, the Secretary of State’s directions to the Parole Board as to the test to apply when coming to its decision are unlawful.
Citations:
[2007] EWHC 2591 (Admin), [2008] 1 WLR 979, [2008] ACD 16
Links:
Jurisdiction:
England and Wales
Prisons, Human Rights
Updated: 04 December 2022; Ref: scu.261395
