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Evaluation of the court's judgement in R (on the application of Smith and West) v Parole Board
Member rating: No Rating | Words: 2500 | Submitted: Wed Nov 21 2007
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R (on the application of Smith and West) v Parole Board1 concerned two prisoners who, after serving their minimum sentences and qualifying under section 39(2) of the Criminal Justice Act were released on parole, only to be recalled after breaking their licence conditions. Both appellants made written representations as to why the decision to revoke their licences should be reconsidered but neither made a request for an oral hearing. However, after the Board's decision to not to recommend their re-release, they sought appeal on the ground that they had not been given oral hearings contrary to Articles 5 and 6 of the European Convention on Human Rights. It was decided in both instances that the Parole Board had not acted procedurally fair, and the appeals were allowed. I will aim in this report to critically evaluate the decision, including the reasoning, and examine the importance and significance of the...
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