Dreptul penitenciar și al eliberării
Detenție, drepturile deținuților, eliberarea condiționată și disciplina în penitenciar.
Introducere
Dreptul penitenciar reglementează detenția, drepturile deținuților și eliberarea condiționată.
Principii fundamentale
Residual Liberty — Prisoners retain all rights not necessarily removed by the fact of imprisonment (Raymond v Honey [1983]).
Parole System — The Parole Board assesses whether prisoners serving indeterminate or extended sentences can be safely released. Release decisions must comply with Article 5(4) ECHR.
Automatic Release — Determinate sentence prisoners serving less than 4 years are released automatically at the halfway point. Those serving 4+ years may be released at the two-thirds point.
Licence Conditions — Released prisoners are subject to licence conditions. Breach may result in recall to prison.
Prison Discipline — Internal adjudications for disciplinary offences. Serious charges may be referred to an independent adjudicator.
Whole Life Orders — The most serious offenders may receive whole life orders meaning they are never eligible for release, subject to Article 3 review (Vinter v UK [2013]).
IPP Sentences — Imprisonment for Public Protection sentences (abolished 2012) remain controversial as many IPP prisoners remain in custody beyond their tariff.
Prisoner Correspondence and Legal Privilege — Prisoners' correspondence with legal advisers is legally privileged and cannot be routinely opened or read.
Statute cheie
Prison Act 1952
Criminal Justice Act 2003
Cazuri de referință
Raymond v Honey
[1983] 1 AC 1
R (Haney) v Secretary of State for Justice
[2014] UKSC 66
Scenarii comune
Parole board hearing for a life sentence prisoner
A life sentence prisoner who has served the minimum term (tariff) is entitled to a parole board hearing. The board must direct release if satisfied that detention is no longer necessary for public protection. The prisoner is entitled to legal representation at the hearing.
Recall to prison after licence breach
A released prisoner who breaches licence conditions may be recalled to prison by the Secretary of State. The prisoner is entitled to have the recall reviewed by the Parole Board and may make representations. The board may re-release the prisoner or confirm the recall.