“Supreme Court guarantees prisoners' right to fair parole hearings”
Three prisoners challenged Parole Board decisions made without oral hearings. Osborn was a life sentence prisoner whose tariff had expired, Booth was recalled to prison, and Reilly was serving an indeterminate sentence. All were denied oral hearings despite requesting them.
Whether prisoners have a right to an oral hearing before the Parole Board under Article 6 ECHR and/or common law procedural fairness principles, and if so, in what circumstances.
The Supreme Court held that prisoners have rights to oral hearings in certain circumstances under both Article 6 ECHR and common law fairness, particularly where facts are disputed or the prisoner's character and risk assessment are in issue.
This landmark decision fundamentally reformed parole procedures, establishing clear principles for when oral hearings must be provided and strengthening prisoners' procedural rights under both human rights and common law.
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OSCOLA Citation
Osborn v Parole Board [2013] UKSC 61, [2014] AC 1115
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