You are here

R v Parole Board, ex p Giles [2003] UKHL 42

Criminal Procedure - Human Rights - Sentencing - Defendant received sentence under Criminal Justice Act 1991, s 2(2)(b) which was longer than would be commensurate with seriousness of offences - Judge of opinion that sentence necessary to protect public - Sentence not subject to requirements of periodic review under European Convention on Human Rights 1953, Art 5(4)

8 August 2003

After the defendant (G) pleaded guilty to two offences of violence, a sentence was passed under s 2(2)(b) of the Criminal Justice Act 1991 (since re-enacted as s 80(2)(b) Powers of Criminal Courts (Sentencing) Act 2000) which was longer than would be commensurate with the seriousness of the offences. The judge was of the opinion that such a sentence was necessary in order to protect the public, and in particular one of G’s victims, from harm by G. The first defendant (P) declined to grant G an oral hearing and to review his sentence in accordance with Art 5(4) of the European Convention on Human Rights 1953. G successfully obtained judicial review of that decision but the Court of Appeal overturned the first instance decision and held that Art 5(4) did not apply. That court held that, although a decision depriving a person of his liberty taken by an administrative body was subject to Art 5(4), there was nothing to indicate that the same applied when the decision was made by the court...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.