The following Corporate Crime practice note Produced in partnership with Andrew Sperling of SL5 Legal provides comprehensive and up to date legal information covering:
When directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the Parole Board is asked to recommend to the Secretary of State what matters should be included in the prisoner’s licence. These recommended conditions are binding.
Where the Board is responsible for deciding on release for determinate and extended sentence prisoners it will also be consulted on licence conditions.
Licence conditions must comply with Article 8, and must therefore be necessary and proportionate where they interfere with a prisoner’s Article 8 rights.
Exclusion zones can be requested on behalf of the victim or victim’s family by the National Probation service through the Victim Liaison Officer. Whether the size of the exclusion zone is necessary and proportionate will involve a balancing of the prisoner’s Article 8 rights and those of the victim and/or the victim’s family.
The case of R (on the application of Craven) v Secretary of State for the Home Department dealt with this issue:
‘36. For similar reasons, I consider that the imposition of an exclusion zone on the movements of a convicted murderer, in order to minimise the risk of accidental contact between him and the family of his victim, should be considered as capable of being necessary in a democratic society. A democratic society should be sensitive to the emotional harm caused to victims of crime, particularly
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