Imprisonment of the elderly and death in custody : the right to review / Aleksandr Khechumyan.
2018
K5519 .K54 2018 (Map It)
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Details
Title
Imprisonment of the elderly and death in custody : the right to review / Aleksandr Khechumyan.
Published
Abingdon, Oxon ; New York, NY : Routledge, an imprint of the Taylor & Francis Group, 2018.
Call Number
K5519 .K54 2018
ISBN
9781138554832 hardcover
1138554839 hardcover
9781351371230 web pdf
9781351371223 electronic publication
9781351371216 kindle
1138554839 hardcover
9781351371230 web pdf
9781351371223 electronic publication
9781351371216 kindle
Description
xx, 188 pages ; 24 cm
System Control No.
(OCoLC)1007753697
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Tables of Cases
x
European Court of Human Rights
x
European Commission on Human Rights
xiii
England, and Wales
xiv
Other Courts
xvii
Acknowledgements
xviii
Foreword
xix
Introduction
1
Elderly prisoners
2
Management of elderly prisoners
6
Prisons' capacity to ensure provision of care meeting needs of elderly prisoners
9
Dying in prison and compassionate release
11
Conclusion
17
1.
Human rights limits on continued imprisonment
23
Restricting the method and manner of the administration of imprisonment
23
European approach
24
approach of the US Supreme Court
26
Outlawing excessive prison sentences
27
approach of the US
30
European approach
33
Life imprisonment and human dignity
38
Developments in Europe
39
Due process guarantees derived from ECtHR case law on reducibility of whole life sentences
48
Developments in the US
50
Conclusion
53
2.
Extending the right of review to elderly and seriously ill prisoners
55
Hope of regaining freedom
58
Rehabilitation
60
Measurement of punishment severity: objectivism, subjectivism and a hybrid approach
62
Objectivism
63
Subjectivism
64
hybrid approach
66
Impact of old age and/or serious illness on severity of punishment
69
Impact of old age: the approach of the ECtHR
71
Impact of a serious medical condition: the approach of the ECtHR
73
requisite medical assistance
74
Conditions of detention of seriously ill detainees
76
issue of overall compatibility of medical conditions with deprivation of liberty
78
advisability of continuing deprivation of liberty in view of the state of health of the applicant
80
implications of the ECtHR's approach
83
approach of the English courts
87
Serious medical condition as ground for sentence reduction
87
Old age and infirmity as grounds for sentence reduction
95
Old age as a statutory ground for sentence reduction for
98
relevance of old age and fatal illness as grounds for retrospective adjustment of sentences at the stage of administration
102
Relevance of a serious medical condition as a ground for retrospective adjustment of a sentence at the stage of administration
106
Conclusion
108
3.
Substantive and procedural elements of review of continued imprisonment of elderly and seriously ill prisoners
112
appropriate time for review of sentences on grounds of old age and serious illness
112
substance of review of continued deprivation of liberty of elderly and seriously ill prisoners
114
Procedural safeguards that apply to the review of continued deprivation of liberty of elderly and seriously ill prisoners
115
Why did the ECtHR attribute procedural requirements to Article 3 itself?
120
Applicability of Article 5(4) ECHR to revocation of licence of early released determinate prisoners
123
Applicability of Article 5(4) to the early release of determinate prisoners
126
Conclusion
135
4.
Compliance with substantive and procedural requirements of the right to review under Article 3 ECHR: the case of the elderly and seriously ill Prisoners
138
Compatibility of executive powers with requirement of review under Article 3
138
Compassionate release: law, policy and practice
144
policy of compassionate release: substantive and procedural criteria
145
procedure of compassionate release
148
practice of compassionate release
150
obligation to interpret the legislation in line with ECHR rights
153
scope of ludicial review before the Human Rights Act 1998
158
scope of judicial review after adoption of the Human Rights Act 1998
161
Judicial review of Article 3 claims concerning continued imprisonment of prisoners with serious medical conditions
163
Assessing the power of compassionate release in conjunction with judicial review proceedings in light of Article 5(4) ECHR
170
Conclusion
174
Conclusion
176
Index
183