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Parole Board Hearings: Law and Practice [Paperback]

Hamish Arnott , Simon Creighton
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Book Description

Oct 24 2009
Parole Board Hearings: law and practice continues to be the only book dedicated to covering the decision-making powers and procedures of the Parole Board It provides practical and detailed guidance on representation, challenging decisions, risk assessments, hearing procedure, life sentence review, licences, recall and remedies. In the four years since the publication of the first edition there have been significant developments in the parole review process. This second edition has been fully updated to include:the Parole Board (Amendment) Rules 2009 with commentary on the implications of discretionary hearings for IPP prisoners; analysis of the House of Lord decision in James on Article 5 and delays; the new procedures for victims' attendance at parole hearings and coverage of the proposed changes to the public funding of parole cases. Parole Board Hearings: law and practice is essential reading for lawyers, advisers, prisoners and their families, and all those working within prisons and for the prison and probation services and related bodies.

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'This is an essential book for anyone concerned, in any capacity, with the work of the Parole Board. It collates all the relevant statutory and other legal material relevant to the Board, and gives detailed practical guidance as to the way in which the Board works - The authors' clear understanding of their subject matter, and their practical experience of the way in which the Board operates, makes their invigorating comments all the more authoritative. This book is therefore extremely welcome.' Sir David Latham, Chairman of the Parole Board (from the foreword). 'Finally, after all these years, someone has published a book detailing the powers, procedures and processes of the Parole Board. The fact that so few criminal firms bother with prison work, despite it falling within the general criminal contract and being a natural adjunct to their main work, is the paucity of written material on the subject matter. This is a quite superb book, written with clarity and authority, ideally suited to anyone looking for an introduction to this intellectually stimulating and fast-paced area of law. The authors are two of the most respected names in the field; they combine a sometimes rare feat in being able not only to practise at the highest level in their field, but also in being able to identify and explain to a beginner the core knowledge needed. Everything is covered, from licence recall to lifers, and they have even remembered to mention the all important funding arrangements.' Andrew Keogh, Crimeline.

About the Author

Hamish Arnott is a solicitor at Bhatt Murphy. He has been a solicitor at the Prisoners' Advice Service and the Public Law Project. He specialises in prison law and the rights of detainees. He also teaches extensively in areas related to his practice. Simon Creighton is a solicitor and founding partner of Bhatt Murphy. He was based at the Prisoners' Advice Service between 1993 and 1998 as its first lawyer. At Bhatt Murphy he specialises in prison law, working particularly with life sentenced prisoners. He has worked on many public law challenges and applications to the European Court of Human Rights. He writes extensively on prison law and compiles the twice-yearly prison law update for Legal Action with Hamish Arnott.

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Most helpful customer reviews
5.0 out of 5 stars It's the only book... Jan 10 2010
By Phillip Taylor TOP 1000 REVIEWER
Format:Paperback
DEDICATED TO COVERING THE DECISION-MAKING POWERS AND PROCEDURES OF THE PAROLE BOARD

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

For those concerned with the civil liberties of prisoners, or indeed for anyone concerned with the work of the Parole Board, this book from the Legal Action Group is essential reading. Apparently, and as far as we know, it's the only book dedicated to covering the decision making powers and procedures of the Parole Board for England and Wales.

Hamish Arnott & Simon Creighton, in their book, are carrying on the admirable tradition of LAG publications, and this second edition of `Parole Board Hearings: law and practice' is notable for its high standards of rigorous research and ease of use in 14 chapters and 7 appendices.

It's a readable, practical guide to such issues as representation, challenging decisions, assessments of risk, licences, recall and remedies, hearing procedure, and life sentence review.

The concept of a parole board is based on the principle, as expressed in the book's introductory section, that `all sentences of imprisonment, save for those few cases where a whole life order is made, include a possibility of early release'.

The book then refers to prison overcrowding which has led to the vast majority of those serving normal determinate sentences being automatically released on licence, usually halfway through the sentence. However - and this is the aspect not fully understood by the public - these mechanisms of release do not involve the Parole Board.

Due to various recent legislative interventions and changes, the Board's role is now focused on `the release of prisoners who may pose a risk of committing offences of serious harm, most notably those serving life or indeterminate sentences.'

The authors cite the current reality of over 12,000 prisoners serving indeterminate and life sentences in England and Wales - a figure higher than the rest of Western Europe combined.' The time has come, declare the authors for `some genuine "blue sky" thinking about the future of the Boar'. And it's also time for the scrapping of the concept of the `indeterminate' sentence which remains a most unsatisfactory form of sentence, for the practical nonsense that it is serving no useful purpose whatsoever.

As the future of the Board will now being debated with an incoming government in 2010, the book's publication as at December 2009 is indeed timely. David Latham, Chairman of the Parole Board for England and Wales says that the new edition provides perhaps the fullest description of the Board's present position in the criminal justice system and the way in which it carries out its functions.... and it establishes a secure foundation from which the debate as to its future can be carried forward.

Since the first edition was published, significant developments have occurred in the parole review process. New material in this updated edition therefore includes the following:

* The Parole Board (Amendment) Rules 2009 with commentary on the implications of discretionary hearings for IPP prisoners

* Analysis of the House of Lords decision in James on Article 5 and delays

* The new procedures of victims' attendance at parole hearings

* Coverage of the proposed changes to the public funding of parole cases

Lawyers, advisers, prisoners and their families, indeed all those working with and for the prison and probation services and related bodies will welcome the clarity of this thoroughly researched, fully updated guide. It is a statement of this difficult and complex subject as the only dedicated authority of its kind on parole board powers and procedures, and we are all the better for it.

ISBN: 978-1-903-30764-9
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Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com: 5.0 out of 5 stars  1 review
5.0 out of 5 stars It's the only book... Jan 10 2010
By Phillip Taylor - Published on Amazon.com
Format:Paperback
DEDICATED TO COVERING THE DECISION-MAKING POWERS AND PROCEDURES OF THE PAROLE BOARD

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

For those concerned with the civil liberties of prisoners, or indeed for anyone concerned with the work of the Parole Board, this book from the Legal Action Group is essential reading. Apparently, and as far as we know, it's the only book dedicated to covering the decision making powers and procedures of the Parole Board for England and Wales.

Hamish Arnott & Simon Creighton, in their book, are carrying on the admirable tradition of LAG publications, and this second edition of `Parole Board Hearings: law and practice' is notable for its high standards of rigorous research and ease of use in 14 chapters and 7 appendices.

It's a readable, practical guide to such issues as representation, challenging decisions, assessments of risk, licences, recall and remedies, hearing procedure, and life sentence review.

The concept of a parole board is based on the principle, as expressed in the book's introductory section, that `all sentences of imprisonment, save for those few cases where a whole life order is made, include a possibility of early release'.

The book then refers to prison overcrowding which has led to the vast majority of those serving normal determinate sentences being automatically released on licence, usually halfway through the sentence. However - and this is the aspect not fully understood by the public - these mechanisms of release do not involve the Parole Board.

Due to various recent legislative interventions and changes, the Board's role is now focused on `the release of prisoners who may pose a risk of committing offences of serious harm, most notably those serving life or indeterminate sentences.'

The authors cite the current reality of over 12,000 prisoners serving indeterminate and life sentences in England and Wales - a figure higher than the rest of Western Europe combined.' The time has come, declare the authors for `some genuine "blue sky" thinking about the future of the Boar'. And it's also time for the scrapping of the concept of the `indeterminate' sentence which remains a most unsatisfactory form of sentence, for the practical nonsense that it is serving no useful purpose whatsoever.

As the future of the Board will now being debated with an incoming government in 2010, the book's publication as at December 2009 is indeed timely. David Latham, Chairman of the Parole Board for England and Wales says that the new edition provides perhaps the fullest description of the Board's present position in the criminal justice system and the way in which it carries out its functions.... and it establishes a secure foundation from which the debate as to its future can be carried forward.

Since the first edition was published, significant developments have occurred in the parole review process. New material in this updated edition therefore includes the following:

* The Parole Board (Amendment) Rules 2009 with commentary on the implications of discretionary hearings for IPP prisoners

* Analysis of the House of Lords decision in James on Article 5 and delays

* The new procedures of victims' attendance at parole hearings

* Coverage of the proposed changes to the public funding of parole cases

Lawyers, advisers, prisoners and their families, indeed all those working with and for the prison and probation services and related bodies will welcome the clarity of this thoroughly researched, fully updated guide. It is a statement of this difficult and complex subject as the only dedicated authority of its kind on parole board powers and procedures, and we are all the better for it.

ISBN: 978-1-903-30764-9
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