Jailhouselawyer's Blog

A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.

Wednesday, June 24, 2009

Prisoner wins human rights claim

Prisoner wins human rights claim

A convicted rapist has won a High Court test case ruling that his human rights were breached by the long delay in the Parole Board reviewing the lawfulness of his continued detention.

A senior judge said a shortage of panels to hear cases had denied Samuel Betteridge, 55, the right to a speedy hearing.

The ruling is important because of a crisis in the parole system since the introduction of IPPs - indeterminate sentences to protect the public from dangerous offenders.

The Parole Board has been swamped with hundreds of applications for release in IPP cases, leading to a backlog and scores of human rights challenges and claims for damages.

About 70 other High Court claims were awaiting the outcome of the Betteridge case.

But Mr Justice Collins said the Government was taking steps to remedy the situation, and proceeding with the claims would be "inappropriate", unless there were "very special circumstances".

He ruled that Betteridge's right to a speedy hearing under Article 5(4) of the European Convention on Human Rights had been breached.

But he was not entitled to damages because the evidence showed he was not fit for release in any event.
jailhouselawyer at 9:57 PM

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jailhouselawyer
Hull, East Yorkshire, United Kingdom
John Hirst Hull, East Yorkshire, GB "Who is John Hirst?" the Sun online questioned the day after the UK lost its appeal to the Grand Chamber of the ECtHR in the prisoners votes case. The profile was not very informative nor flattering. But, I don't like the Sun either so we are quits. I was born, at 2 I was put into Dr Barnardo's Homes. What they called care, we refer to it as physical and sexual abuse. I drifted into crime, and spent 35 years in prison. In spite of the system, I reformed and rehabilitated myself with the support of some within and outside of the system. I was transformed from a law breaker into a law-maker. I am firmly committed to prisoners rights, and am a campaigner for penal reform. I live in a 3 bedroom terrace house within a cul-de-sac, and have a dog as a companion. My Latvian friend keeps invading my space and telling me I need a wife. She does keep the house clean and tidy, but loves my dog and calls him her boyfriend... Recently, Viking FM have asked for advice and reports for the news on radio on Criminal Justice issues. In addition, I used to write regularly for Inside Time the National newspaper for prisoners.
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