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22 January 2010
Issue: 7401 / Categories: Case law , Law digest
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Human rights

R (on the application of O’Dowd (aka Boy George)) v National Probation Service, London [2009] EWHC 3415 (Admin), [2010] All ER (D) 26 (Jan)

The proceedings concerned a challenge by the claimant, a well-known singer, songwriter and disc jockey known as “Boy George” to the decision of the Probation Service precluding him from participating in the television programme “Celebrity Big Brother”.

The court held that the unqualified obligation in s 2(2) of the Criminal Justice and Court Services Act 2000 to have regard to the proper punishment of offenders applied to the management of offenders on licence. When considering what restrictions could properly be placed on offenders as incidents of supervision on licence, as part of a sentence of imprisonment, regard could be had to the expectations of right-thinking members of the democracy under whose laws a judge had imposed that sentence.

Those expectations were not to be discovered by reading editorials, articles or petitions in newspapers, whether broadsheet or tabloid. Right-thinking members of the public would take the view that an offender serving the non-custodial part of a sentence of imprisonment should not be allowed to

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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