Practice and Procedure

R (on the application of DAVID O'CONNELL) v (1) PAROLE BOARD (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2007)

PUBLISHED November 13, 2007
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[2007] EWHC 2591 (Admin)

A prisoner serving an extended sentence was entitled to protection under the European Convention on Human Rights 1950 Art.5(4) where a parole board was considering whether to direct his release on licence under the Criminal Justice Act 2003 s.247, but, on the facts, the board's failure to give him an oral hearing did not breach his rights to a fair hearing under that Article or at common law.

DC (Latham LJ, Simon J)

13/11/2007

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