Newsletter

2006 Volume 1

Cases Reported


R (Hammond) v Home Secretary 1
Issue: Whether the failure to allow an oral hearing as part of the process for setting the tariff of an existing mandatory life sentence prisoner was compatible with Art 6.
 
R (Smith) v Home Secretary 12
Issue: Whether the Home Secretary is obliged to offer an occasional review of the tariff fixed in relation to those sentenced prior to 30 November 2000 to detention during Her Majesty’s Pleasure for murder.
 
R (Dudson) v Home Secretary 19
Issue: Whether there was a right to an oral hearing when the Lord Chief Justice refixed the tariff length of a prisoner detained during Her Majesty’s pleasure.
 
Thompson v Mitchell 27
Issue: Whether a judge could order that a term imposed for contempt be served in full.
 
R (Irving) v Parole Board 29
Issue: Whether recall from licence required an increased risk from that present at the time of release.
 
Poltoratskiy v Ukraine 33
Issue: Whether the conditions of detention breached Art 3; whether there had been assaults which breached Art 3; whether the investigation breached Art 3; whether restrictions on visits breached Art 8; whether limits on visits from a priest breached Art 9.
 
Aliev v Ukraine 54
Issue: Whether the conditions of detention breached Art 3; whether there had been assaults in breach of Art 3; whether restrictions on visits and correspondence breached Art 8
 
Iorgov v Bulgaria 58
Issue: Whether the conditions of detention of a death row inmate breached Art 3
 
II v Bulgaria 70
Issue: Whether the conditions of detention of a remand prisoner breached Art 3 European Convention.
 
Rohde v Denmark 77
Issue: Whether the use of solitary confinement breached Art 3
 
Ostrovar v Moldova 99
Issue: Whether the conditions of detention breached Art 3; whether restrictions on correspondence and family visits breached Art 8
 
Karalevicius v Lithuania 114
Issue: Whether conditions of detention breached Art 3; remedy for breach of Art 3, 5 and 8
 
Labzov v Russia 116
Issue: Whether the conditions of detention breached Art 3
 
Mayzit v Russia 117
Issue: Whether the conditions of detention breached Art 3
 
Kehayov v Bulgaria 118
Issue: Whether the conditions of detention breached Art 3
 
Nevmerzhitsky v Ukraine 119
Issue: Whether conditions of detention and the use of force-feeding breached Art 3
 
R (Broadbent) v Parole Board 137
Issue: Whether the Board erred in considering the risk of reoffending too high for release in the case of a recalled prisoner who had been charged with further offences he denied.
 
R (Bryant) v Home Secretary 142
Issue: Whether a recategorisation decision was lawful.
 
R (Gilbert) v Home Secretary 149
Issue: Whether a sentence calculation was correct in light of the provisions of s40A Criminal Justice Act 1991
 
R v George Leigers 154
Issue: Whether a whole life tariff was appropriate for a murder committed by a man with mental health problems; the appropriate tariff
 
R (Spinks) v Home Secretary 159
Issue: Whether Art 3 was engaged in relation to a refusal to release a prisoner on compassionate grounds; whether the case should be referred to the Parole Board.
 
R (Spinks) v Home Secretary 166
Issue: Whether Art 3 was engaged in relation to a refusal to release a prisoner on compassionate grounds; whether the case should be referred to the Parole Board.
 
R (Bealey) v Home Secretary 175
Issue: Whether the refusal to follow a Parole Board recommendation that a lifer be transferred to open conditions was adequately reasoned and rational.
 
R (Bernard) v (1) Home Secretary (2) Parole Board 180
Issue: Whether there had been a breach of Art 5(4) as a result of a delay between Parole Board hearings in relation to a discretionary life sentence prisoner; whether damages were required.
 
R (Tinney) v Parole Board 189
Issue: Whether a decision to refuse release on parole was rational and/or adequately reasoned.
 
R (X) v Home Secretary and Others 194
Issue: Whether a refusal to allow release on temporary licence breached Art 8 European Convention or was procedurally unfair.
 
R (Morecock) v Parole Board 199
Issue: Whether a decision not to release a recalled prisoner was rational
 
R (Davies) v Home Secretary 205
Issue: The lawfulness of conditions imposed on a released young offender; whether they amounted to ongoing detention.
 
R (Irving) v London Probation Board 209
Issue: Whether the failure to provide suitable hostel accommodation for a high-risk offender who had mental health problems was unlawful.
 
R (Hirst) v (1) Home Secretary (2) Parole Board 212
Issue: Whether there were breaches of Art 5(1), (2), (3) and (4) in the recall of a life sentence prisoner; the appropriate remedy.
 
Hirst v UK (Grand Chamber) 220
Issue: Whether a blanket ban on voting by serving prisoners breached Art 3 of Protocol 1 to the European Convention.
 
R (Cooper) v HM Prison Service 241
Issue: Whether decisions to recategorise a post-tariff lifer and to refuse him access to his own computer were lawful.
 
R (Lunn) v Governor HMP Moorland 249
Issue: Whether a period of release on licence consequent on a mistaken early release arising from an error in the drafting of a court order counted towards the custodial part of the accurately-calculated sentence.
 
R (Lunn) v Governor HMP Moorland 251
Issue: Whether a period of release on licence consequent on a mistaken early release arising from an error in the drafting of a court order counted towards the custodial part of the accurately calculated sentence.
 
R (Mills) v (1) Home Secretary (2) Parole Board 256
Issue: Whether a failure to consider whether to recommend a transfer of a recalled lifer to open conditions was lawful
 
Roberts v Home Secretary 260
Issue: Whether there was a breach of Art 5 European Convention by virtue of the failure to set aside the recall of a prisoner released on licence
 
Watkins v Home Secretary and others 268
Issue: Whether the tort of misfeasance in a public office was complete without proof of special damage.
 
View as
Sort by
Display per page