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29 November 2007
Issue: 7299 / Categories: Case law , Law digest
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Sentencing

R (O’Connell) v Parole Board [2007] EWHC 2591 (Admin), [2007] All ER (D) 205 (Nov

The defendant had been given an extended sentence under the Criminal Justice Act 2003, s 227. Under s 247, a prisoner has to satisfy the Parole Board that it is no longer necessary for the protection of the public for him to remain in custody for the second half of the custodial period before he is entitled to release.

The Parole Board’s decision as to whether or not to direct release, which is critical to the prisoner’s entitlement to release after he has served half of the custodial period, must be compliant with of the European Convention on Human Rights, Art 5(4). However, Art 5(4) does not require an oral hearing in every case where the question is the assessment of risk to the public. Whether or not an oral hearing is necessary depends on the facts of the case.

The Parole Board should be pre-disposed to hold an oral hearing, especially where there is any dispute of fact, or any need to examine the prisoner’s motives or state of mind.

Issue: 7299 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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