| R v Parole Board, Ex p Watson [1996] 1 WLR 906 |
Parole Board is an independent, impartial tribunal focused solely on public-risk assessment. |
Relied on to underline the Board’s “court-like” status for Article 5(4) purposes. |
| R v Sharkey [2000] 1 WLR 160 |
Parole Board assesses risk, not punishment. |
Used to distinguish recall (protective) from criminal punishment. |
| R v Secretary of State, Ex p Doody [1994] 1 AC 531 |
Procedural fairness is flexible and context-specific. |
Provided the modern common-law test for when hearings are required. |
| Kioa v West (1985) 60 ALJR 113 |
Fair procedures must be “appropriate and adapted” to the circumstances. |
Cited to support a broad, case-sensitive conception of fairness. |
| Baba v Parole Board (NSW) (1986) 5 NSWLR 338 |
Common law rarely excludes natural-justice hearings without clear words. |
Used to rebut reliance on statutory silence as negating oral hearings. |
| Johns v Release on Licence Board (1987) 9 NSWLR 103 |
Australian authority endorsing oral hearings for recall. |
Comparative support for the appellants’ position. |
| Weeks v UK (1987) 10 EHRR 293 |
Conditional liberty is still “liberty” under Article 5. |
Basis for treating licence recall as a deprivation of liberty requiring Article 5(4) safeguards. |
| Morrissey v Brewer 408 US 471 (1972) |
Due process applies to parole revocation. |
Illustrated the value of oral hearings in comparable US jurisprudence. |
| Howarth v National Parole Board (1974) 50 DLR (3d) 349 |
Canadian recognition of liberty’s value even when conditional. |
Quoted to emphasise the seriousness of recall decisions. |
| De Wilde, Ooms & Versyp v Belgium (1971) 1 EHRR 373 |
Personal appearance may be a fundamental guarantee where liberty is at stake. |
Supported a presumption of oral hearings. |
| Winterwerp v Netherlands (1979) 2 EHRR 387 |
Same principle as above. |
Reinforced requirement of adequate procedural safeguards. |
| Sanchez-Reisse v Switzerland (1986) 9 EHRR 71 |
Importance of detainee participation in liberty cases. |
Cited in support of oral hearings. |
| Waite v UK (App 53236/99, 2002) |
Hearing rights in detention reviews. |
Same contextual support. |
| Goldberg v Kelly 397 US 254 (1970) |
Written submissions rarely match the flexibility of oral advocacy. |
Quoted to show disadvantages of paper-only review. |
| Todd v Parole Board (1986) 6 NSWLR 71 |
Australian acceptance of oral hearings. |
Comparative illustration. |
| Van Droogenbroeck v Belgium (1982) 4 EHRR 443 |
Article 5(4) review must cover conditions essential to lawful detention. |
Grounded the requirement that the Board decide both factual basis and necessity of detention. |
| Thynne, Wilson & Gunnell v UK (1990) 13 EHRR 666 |
Scope of judicial review required under Article 5(4). |
Authority for Board power to order release. |
| E v Norway (1990) 17 EHRR 30 |
As above – breadth of Article 5(4) inquiry. |
Added European support. |
| Engel v Netherlands (1976) 1 EHRR 647 |
Criteria distinguishing “criminal” matters. |
Used to reject the argument that recall amounts to a criminal charge. |
| Ezeh & Connors v UK (2003) 39 EHRR 1 |
Penalty is criminal when deprivation of liberty is punitive. |
Contrasted with recall, which is protective, not punitive. |
| Öztürk v Germany (1984) 6 EHRR 409; Lauko v Slovakia (1998) 33 EHRR 994; AP, MP & TP v Switzerland (1997) 26 EHRR 541; Garyfallou AEBE v Greece (1997) 28 EHRR 344 |
Minor penalties can still be “criminal”. |
Relied on by appellants; ultimately distinguished. |
| Campbell & Fell v UK (1984) 7 EHRR 165; Benham v UK (1996) 22 EHRR 293 |
Punitive deprivations of liberty are criminal. |
Court used distinction to show recall is protective, not punitive. |
| Ganusauskas v Lithuania (App 47922/99, 1999) |
Recall does not determine a criminal charge. |
Cited to reject Article 6 (criminal) applicability. |
| Brown v UK (App 968/04, 2004) |
Recall compatible with Article 5(1); no criminal or civil Article 6 issue. |
Supported majority’s view on Convention compliance. |
| Maaouia v France (2000) 33 EHRR 1037; Ferrazzini v Italy (2001) 34 EHRR 1068 |
Certain preventative or administrative measures fall outside Article 6. |
Used to question whether civil limb applied. |
| Aldrian v Austria (1990) 65 DR 337 |
Execution of sentence (including conditional release) not within Article 6. |
Authority against civil-limb argument. |
| Aerts v Belgium (1998) 29 EHRR 50 |
Described liberty as a civil right. |
Considered but not decisive; court left Article 6(civil) open. |
| R v Governor of Brockhill Prison, Ex p Evans (No 2) [2001] 2 AC 19 |
Unlawful detention actionable in false imprisonment. |
Used to demonstrate enforceable right to liberty post-release. |
| Amand v Home Secretary [1943] AC 147 |
Defines “criminal cause or matter”. |
Illustrated that recall lacks punitive element of criminal matters. |
| R (McCann) v Crown Court at Manchester [2003] 1 AC 787 |
Some proceedings fall outside both limbs of Article 6. |
Cited by Lord Hope when analysing the civil-limb question. |
| Hussain v UK (1996) 22 EHRR 1; R (Anderson) v Secretary of State [2003] 1 AC 837; R (Sim) v Parole Board [2004] QB 1288 |
Authorities leading to mandatory oral hearings in life-sentence or extended-sentence contexts. |
Contrasted with determinate-sentence regime. |
| R v Montila [2004] 1 WLR 3141 |
Use of headings and sidenotes in statutory interpretation. |
Discussed in obiter comments on Parole Board Rules 2004. |
| Pabla Ky v Finland (App 47221/99, 2004) |
Convention queries must be addressed in their practical context. |
Quoted regarding Article 6 civil-limb analysis. |
| Kerr v UK (App 44071/98, 1999) |
Article 6 criminal limb rejected in recall context. |
Reinforced majority position. |