A prisoner having been sentenced to serve less than four years applied for consideration for early release under an electronic tagging home detention scheme. He was refused because he would have to register on release with the Police as a sex offender, and such individuals were subject to special rules set by the Home Secretary. The applicant had not been allowed to see the materials upon which the decision had been made. He should be allowed to see the material upon which the decision was based only if it went against the prisoner’s assertion of such exceptional circumstances. Such prisoners posed a special risk, and the requirement for exceptional circumstances was not unlawful or irrational.
Citations:
Times 22-Mar-2000, Gazette 09-Mar-2000
Statutes:
Criminal Justice Act 1991 34A 37A, Sex Offenders Act 1997
Criminal Sentencing, Prisons
Updated: 09 April 2022; Ref: scu.85515