*/
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.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Let’s hear it for the assessors, says Dame Anne Rafferty of the KC Selection Panel. And to make silk assessors’ lives a little easier when applicants come calling in May, Dame Anne fields some commonly asked questions
