“All prisoners face being banned from travelling abroad for up to 12 months after they are released under new plans to improve rehabilitation.”
Daily Telegraph, 30th May 2013
Source: www.telegraph.co.uk
“Radical reforms to the way criminals are rehabilitated will mean every offender leaving prison must serve a minimum of 12 months under supervision in the community, Justice Secretary Chris Grayling announced today [9 May].”
Ministry of Justice, 9th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Government plans to allow private companies to run parts of the probation service, to be unveiled on Wednesday, have sparked concerns about the future supervision of offenders with serious mental health issues.”
The Guardian, 5th May 2013
Source: www.guardian.co.uk
R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182; [2013] WLR (D) 107
“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328
“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”
WLR Daily, 14th November 2012
Source: www.iclr.co.uk
“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”
UK Human Rights Blog, 25th October 2012
Source: www.ukhumanrightsblog.com
“There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
“Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed matters relating to release.”
WLR Daily, 17th July 2012
Source: www.iclr.co.uk
“Too many sex offenders are being released from prison without having access to a treatment programme at all, inspectors said today.”
The Independent, 12th June 2012
Source: www.independent.co.uk
Legal Aid, Sentencing and Punishment of Offenders Act 2012 published
Source: www.legislation.gov.uk
Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114
“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”
WLR Daily, 4th April 2012
Source: www.iclr.co.uk
“Female prisoners should be allowed time out of jail to see their children, the High Court ruled yesterday after dismissing Kenneth Clarke’s attempts to restrict women from doing so.”
Daily Telegraph, 14th February 2012
Source: www.telegraph.co.uk
“The father of schoolboy Damilola Taylor has called for a public inquiry after one of his son’s killers was recalled to prison for a second time, just 16 days after being released.”
The Guardian, 10th February 2012
Source: www.guardian.co.uk
Regina (Elam) v Secretary of State for Justice [2012] EWCA Civ 29; [2012] WLR (D) 14
“The licence expiry date applicable to a prisoner serving consecutive terms of imprisonment including at least one term of 12 months or more was to be determined by the provisions of section 264(3) of the Criminal Justice Act 2003 unless all the offences for which the sentences were imposed had been committed before section 264 came into force on 4 April 2005; in such a case, section 37(1) of the Criminal Justice Act 1991 continued to govern the licence expiry date by virtue of the saving provision in paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005.”
WLR Daily, 27th January 2012
Source: www.iclr.co.uk
“Too many women are still serving short-prison sentences, often for breaching community orders for crimes that do not themselves carry a prison sentence, according to criminal justice watchdogs. A joint report by the chief inspectors of prisons, probation and the Crown Prosecution Service, published on Thursday, says the size of female prison population – 4,243 in England and Wales – is still a matter of concern.”
The Guardian, 13th October 2011
Source: www.guardian.co.uk
“An ex-soldier who raped a woman while on licence after serving a prison term for another rape was jailed for seven years today.”
The Independent, 22nd September 2011
Source: www.independent.co.uk
“One of two brothers convicted of killing Damilola Taylor has been returned to prison after breaching licence conditions that were applied to him after he was released last year.”
The Guardian, 13th March 2011
Source: www.guardian.co.uk
“A woman was killed by a convicted sex offender after a series of failings by the agencies involved in his release, an inquest jury has ruled.”
BBC News, 10th March 2011
Source: www.bbc.co.uk
Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267
“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”
WLR Daily, 25th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241
“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”
WLR Daily, 9th September 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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