The secretary of state had been entitled not to order the deportation under the Tariff-Expired Removal Scheme of an Irish national whose minimum term of a sentence of imprisonment for public protection had expired.
PENOLOGY AND CRIMINOLOGY
By failing to put in place measures to ensure that prison officers in a contracted-out prison were adequately trained in the strip searching of female and transgender prisoners, the secretary of state had breached his obligation to ensure, so far as was reasonably practicable, that prisoners were protected from violations of their rights under ECHR art.3 and art.8.
The court considered the extent to which time spent on remand in local authority accommodation under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 s.91(3) could be taken into account when passing sentence.
The Supreme Court considered the revised statutory schemes for the disclosure of convictions in England and Wales and Northern Ireland under the Rehabilitation of Offenders Act 1974, the Rehabilitation of Offenders (Northern Ireland) Order 1978 and the Police Act 1997. The schemes were in accordance with the law for the purposes of ECHR art.8 and, with the exception of provisions in relation to the multiple conviction rule and warnings and reprimands issued to young offenders, it was not possible to say that the categories in the schemes were disproportionate.
The Parole Board’s refusal to re-release a prisoner on licence or to transfer him to open prison conditions was quashed. There had been no separate consideration of the possibility of transfer, and the decision regarding release on licence contained numerous errors or omissions which fatally undermined the reliability of the conclusion.