Legitimacy and executive release: a procedural justice perspective

Hough, Mike (2015) Legitimacy and executive release: a procedural justice perspective. In: Herzog-Evans, M. (ed.) Offender release and supervision: The role of Courts and the use of discretion. Nijmegen, The Netherlands: Wolf Legal Publishers. ISBN 9789462401976.

Abstract

This chapter looks through the lens of procedural justice theory at arrangements for post-sentence decision-making that bear on the amount of time served by convicted prisoners. As other chapters in this book document, these arrangements vary a great deal from country to country, a key dimension of variation being the degree to which the judiciary are involved in such decisions. Some countries rely entirely on the executive – usually prison staff – to make such decisions. Others have quasi-judicial bodies, with varying degrees of judicial oversight, and in yet others, decisions are made by the judiciary (see this volume, F. Dünkel). Different arrangements may be seen by those involved, or by the wider public, to be more or less fair, and to command more or less legitimacy. The chapter assembles what little evidence there is to hand to address these questions in one jurisdiction, England and Wales.

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