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Prisoners' detention 'unlawful' Parole course access 'unlawful'
(40 minutes later)
The sentences of hundreds of prisoners could be affected after appeal judges ruled ministers acted unlawfully by keeping some inmates in jail too long. Jack Straw acted unlawfully by failing to provide some prisoners with access to courses to show they were safe for release, appeal judges have ruled.
The Court of Appeal said the government failed to provide inmates serving indeterminate sentences with courses to show they were safe for release. The Court of Appeal said because the justice secretary had not given those on indeterminate sentences such access, some could be held too long.
This meant some were being held longer than necessary, judges concluded. The ruling came after two offenders challenged their detention last year.
In another ruling, the court found the parole system in England and Wales was not independent enough from government. In another ruling the court found the parole system in England and Wales was not independent enough from government.
Appeal judges upheld an earlier High Court decision that the Parole Board did not comply with the human rights of offenders because it lacked the independence from ministers required to make prisoner release decisions.Appeal judges upheld an earlier High Court decision that the Parole Board did not comply with the human rights of offenders because it lacked the independence from ministers required to make prisoner release decisions.
Life prisoners Anger management
The ruling on indeterminate sentences for public protection (IPP) - under which offenders must prove they are safe for release - came after an appeal by sex offender David Walker in July last year. The ruling on indeterminate sentences for public protection (IPP) - under which offenders must prove they are safe for release - came after an appeal by two men given such sentences who have been held beyond their tariff.
He successfully argued he could not be considered for release because his jail did not offer a parole course. The Court of Appeal ruled there had been "systemic failure" on the part of Mr Straw to put the resources in place to allow offenders handed these sentences access to courses - such as anger management and alcohol awareness - needed to prepare for parole board assessments.
The court warned that if prisoners were detained for a long time beyond their minimum tariff without regular review, they may have to be released.
But the two prisoners in this case - including sex offender David Walker - will continue to be detained even though their tariff expired last year.
Walker successfully argued in his appeal in July last year he could not be considered for release because his jail did not offer a parole course.
Although he was given an indeterminate sentence with a minimum tariff which expired in October, he was unable to be considered for release until he had gone through the parole procedure, which included going on a parole course.Although he was given an indeterminate sentence with a minimum tariff which expired in October, he was unable to be considered for release until he had gone through the parole procedure, which included going on a parole course.
Change in role
But his lawyers said there were no parole courses for life prisoners at his category of jail. They claimed he was therefore being subjected to arbitrary detention in breach of his human rights.But his lawyers said there were no parole courses for life prisoners at his category of jail. They claimed he was therefore being subjected to arbitrary detention in breach of his human rights.
Appeal judges at the time ruled in his favour and have now rejected an appeal by the Ministry of Justice against the decision.Appeal judges at the time ruled in his favour and have now rejected an appeal by the Ministry of Justice against the decision.
Neither the Secretary of State [Jack Straw] nor his department has adequately addressed the need for the Parole Board to be and to be seen to be free of influence Lord PhillipsNeither the Secretary of State [Jack Straw] nor his department has adequately addressed the need for the Parole Board to be and to be seen to be free of influence Lord Phillips
Rejecting another appeal by Justice Secretary Jack Straw over the independence of the Parole Board system, the Lord Chief Justice said the High Court's findings that the board lacked independence were "fully supported" by the evidence.Rejecting another appeal by Justice Secretary Jack Straw over the independence of the Parole Board system, the Lord Chief Justice said the High Court's findings that the board lacked independence were "fully supported" by the evidence.
The cause of the problem, Lord Phillips said, had been the change of function of the Parole Board.The cause of the problem, Lord Phillips said, had been the change of function of the Parole Board.
It had been transformed from being an organisation which advised the Secretary of State over prisoner release, to that of a judicial body which decided whether offenders could be released if judged safe, the court was told.It had been transformed from being an organisation which advised the Secretary of State over prisoner release, to that of a judicial body which decided whether offenders could be released if judged safe, the court was told.
Lord Phillips added: "Neither the Secretary of State [Jack Straw] nor his department has adequately addressed the need for the Parole Board to be and to be seen to be free of influence in relation to the performance of its judicial functions."Lord Phillips added: "Neither the Secretary of State [Jack Straw] nor his department has adequately addressed the need for the Parole Board to be and to be seen to be free of influence in relation to the performance of its judicial functions."