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Sentence – Imprisonment. In considering appeals regarding alleged breaches of art 5 of the European Convention on Human Rights in respect of delays towards post-tariff release of prisoners serving life or indeterminate sentences for public protection (IPP), the Supreme Court accepted the judgment of the European Court of Human Rights conclusion in (James v United Kingdom (Application Nos 25119/09, 57715/09 and 57877/09) (2012)33 BHRC 617 that the purpose of the sentence included rehabilitation in relation to prisoners subject to life and IPP sentences in respect of whom shorter tariff periods had been set. The Supreme Court further accepted as implicit in the scheme of art 5 that the state was under a duty to provide an opportunity, reasonable in all the circumstances, for such a prisoner to rehabilitate himself and to demonstrate that he no longer presented an unacceptable danger to the public. A duty to facilitate release could and should be implied as an ancillary duty - a duty not affecting the lawfulness of the detention, but sounding in damages if breached.
Sentence – Imprisonment. In considering appeals regarding alleged breaches of art 5 of the European Convention on Human Rights in respect of delays towards post-tariff release of prisoners serving life or indeterminate sentences for public protection (IPP), the Supreme Court accepted the judgment of the European Court of Human Rights conclusion in (James v United Kingdom (Application Nos 25119/09, 57715/09 and 57877/09) (2012)33 BHRC 617 that the purpose of the sentence included rehabilitation in relation to prisoners subject to life and IPP sentences in respect of whom shorter tariff periods had been set. The Supreme Court further accepted as implicit in the scheme of art 5 that the state was under a duty to provide an opportunity, reasonable in all the circumstances, for such a prisoner to rehabilitate himself and to demonstrate that he no longer presented an unacceptable danger to the public. A duty to facilitate release could and should be implied as an ancillary duty - a duty not affecting the lawfulness of the detention, but sounding in damages if breached.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
