Source: All England Reporter
Publisher Citation: [2002] All ER (D) 194 (Nov)
Neutral Citation: [2002] EWCA Civ 1641
Court: Court of Appeal, Civil Division
Judge:

Simon Brown, Sedley and Hale LJJ

Representation 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.
Judgment Dates: 14 November 2002

Catchwords

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 Case

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.

Practice Areas

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