||All England Reporter
|| All ER (D) 194 (Nov)
|| EWCA Civ 1641
||Court of Appeal, Civil Division
Simon Brown, Sedley and Hale LJJ
||Richard Clayton QC and Kris Gledhill (instructed by Kaim Todner) for the prisoner.
||Kristin Stern and Jonathan Crow (instructed by the Treasury Solicitor) for the board.
||14 November 2002
Human rights - Fair trial - Criminal charge - Revocation of licence - Consideration of re-release by parole board - Requirement for procedural safeguards ordinarily applicable to fair trial - s 39(2) - European Convention on Human Rights, art 6.
The parole board's decisions under s39(5) of the 1991 Act to recommend the re-release on licence of determinate sentence prisoners recalled to prison upon the revocation of their licences did not involve the 'determination of [a] criminal charge' within the meaning of art6 of the European Convention on Human Rights since it was not determining a criminal charge when exercising its powers under that section.
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