| HOUSE OF LORDS | SESSION 2004–05 [2005] UKHL 1 |
on appeal from:[2003] EWCA Civ 1269
[2002] EWCA Civ 1641
OPINIONS
OF THE LORDS OF APPEAL
FOR JUDGMENT IN THE CAUSE
Regina v. Parole Board (Respondents) ex parte Smith (FC) (Appellant) Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant) (Conjoined Appeals) ON THURSDAY 27 JANUARY 2005 The Appellate Committee comprised: Lord Bingham of Cornhill Lord Slynn of Hadley Lord Hope of Craighead Lord Walker of Gestingthorpe Lord Carswell HOUSE OF LORDS OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE
Regina v. Parole Board (Respondents) ex parte Smith (FC)
(Appellant)
Regina v. Parole Board (Respondents) ex parte West (FC)
(Appellant)
(Conjoined Appeals)
[2005] UKHL 1
LORD BINGHAM OF CORNHILL
My Lords,
1. These appeals concern the procedure to be followed by the Parole Board when a determinate sentence prisoner, released on licence, seeks to resist subsequent revocation of his licence. The appellants contend that such a prisoner should be offered an oral hearing at which the prisoner can appear and, either on his own behalf or through a legal representative, present his case, unless the prisoner chooses to forgo such a hearing. They base their argument on the common law and on articles 5 and 6 of the European Convention, relying on both the criminal and civil limbs of article 6. The respondent Parole Board accepts that in resolving challenges to revocation of their licences by determinate sentence prisoners it is under a public law duty to act in a procedurally fair manner. It accepts that in some cases, as where there is a disputed issue of fact material to the outcome, procedural fairness may require it to hold an oral hearing at which the issue may be contested. It accepts, through leading counsel, that it may in the past have been too slow to grant oral hearings. But it strongly resists the submission that there should be any rule or presumption in favour of an oral hearing in such cases, contending that neither the common law nor the European Convention requires such a rule or such a presumption.
Justin West: the facts
2. The appellant West was sentenced to 3 years’ imprisonment for affray on 27 October 2000. He was thus a short-term prisoner within the meaning of section 33(5) of the Criminal Justice Act 1991, and by virtue of section 33(1) of the Act the Secretary of State was obliged to release him on licence once he had served one-half of his sentence. In the ordinary way, his licence would have remained in force until the date on which he would (but for his release) have served three-quarters of his sentence: section 37(1).
3. The appellant, having spent some time in custody before sentence, was duly released on licence on 6 August 2001. His licence was due to expire on 7 May 2002. His licence included terms that he should place himself under the supervision of any nominated probation officer; should keep in touch with the…
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- R (West) v Parole Board [2005] UKHL 1
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- [2005] UKHL 1
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