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IPP Sentence Quashed leads to Client’s release from Prison

Dean was in the Court of Appeal with Counsel David Rhodes of Doughty Street Chambers to argue that our client had wrongly been given an IPP sentence. The Court led by Lord Justice Fulford accepted the ground of appeal advanced and quashed the IPP sentence. They substituted it for an Extended Sentence, which meant our client was able to walk free from prison.

The client was given an IPP in 2006 for Arson, being reckless to whether life is endangered, to which he pleaded guilty. His tariff expired in 2012. He had progressed to open conditions, but was returned to closed conditions due to an adjudication. Dean represented for this matter, which was dismissed before the Independent Adjudicator. The client was waiting a move back to open conditions and an oral hearing before the Parole Board.

Dean was very pleased with the decision of the Court and said, “Every time I am instructed on a parole matter I look at whether there is a potential argument to challenge the sentence. In this case the client asked me whether we could advance an appeal against sentence and I thought immediately there was an arguable ground. It is very pleasing when the Court accepts the argument because it reinforces the fact that we were right to argue the case. Our client has suffered a considerable delay obtaining an oral hearing before the Parole Board, but has to wait no longer. Our client was over the moon and was able to immediately return home, as the Probation Service did not require him to live in a hostel. This case has important consequences beyond release as our client is no longer subject to a life licence”.

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