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9787/82
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It is submitted that the Parole Board does not have a judicial character of such a nature as to satisfy Art. 5(4). In this regard he points to the following features of the Parole Board the Board only considers release on licence where a case has been referred to it by the Home Secretary (Section 59(3)(a), Criminal Justice Act 1967). There is no right to any review at any time, nor is there any fixed periodic review; the decision whether to release a prisoner on licence is taken by the Home Secretary. He is not bound by the decision of the Parole Board; - the prisoner is not allowed to argue his case in person or though representatives before the Board. Moreover he cannot challenge any arguments against his release as he is not informed of them; the Board has no power to substitute a determinate sentence for an indeterminate one.
SUBMISSIONS OF THE RESPONDENT GOVERNMENT
Relevant Domestic Law
Release on licence of a person sentenced to life imprisonment is governed by Section 61 (1) of the Criminal Justice Act 1967 which reads as follows:
"The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment for life or a person detained under section 53 of the Children and Young Persons Act 1933 (young offenders convicted of grave crimes), but shall not do so in the case of a person sentenced to imprisonment for life or to detention during Her Majesty's pleasure or for life. except after consultation with the Lord Chief Justice of England together with the trial judge if available."
Where the Parole Board recommends the recall of any person who is subject to a licence, the Secretary of State may revoke the licence and recall him to prison (Section 62 (1)).
The Secretary of State may also revoke the licence of any such person and recall him without consulting the Board where it appears to him that it is expedient in the public interest (Section 62 (2).
A recalled person may make representations in writing concerning his recall (Section 62 (3).
After recall, the case is referred by the Secretary of State to the Parole Board. Where the Board recommends the immediate release on licence of a person whose case is referred to it, the Secretary of State should give effect to the recommendation.