QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN
On the Application of KEITH GUNTRIP
|THE SECRETARY OF STATE FOR JUSTICE
THE PAROLE BOARD OF ENGLAND AND WALES
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Mr I Hare (instructed by Treasury Solicitor) for the First Defendant
Mr S Kovats, QC (instructed by Treasury Solicitor) for the Second Defendant
Hearing dates: 26 October 2010
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Mr Justice Ouseley :
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."
"As it cannot be assumed that a prisoner does constitute a danger because he was so regarded at the time of sentence, it is the duty of the State to arrange that an independent tribunal considers the question of whether a prisoner remains a danger either by the date of the expiry of the tariff, or as soon as practical thereafter. This is so that the prisoner, if he is no longer a danger can be released. If the State fails to do this, it is in breach of Article 5(4) and also in breach of its duty under domestic law. In this jurisdiction the tribunal which has the responsibility for determining whether a prisoner remains a danger in the case of discretionary or automatic life sentences or offenders detained during Her Majesty's Pleasure is the Parole Board."
The Secretary of State for Justice
The Parole Board
"Based on your history of substance abuse he assesses you as presenting a high risk of continued acquisitive offending with some risk of further violent offending. Finally noting the close link between your substance misuse and your offending behaviour Dr Feeney states that in the future your substance misuse problems and issues need to be addressed very seriously."
"Whilst it is accepted you have largely remained drug free for some 12 months, your use of cannabis in February 2009 suggests that there is still further work for you to do in relation to your relapse prevention strategies. Furthermore the panel is concerned that your mental illness seems to have been severely underestimated and no clear indication has been given that the necessary assessments have been made to provide you with the required mental health support either in open conditions or in preparation for your release. Taking all of these matters into account the panel takes the view that your risk levels have not been sufficiently reduced to allow you to progress to open conditions or to release."
The Secretary of State's decision on the next review date