| Judgments -
R (on the application of Hammond) (FC) (Respondent) v. Secretary of State for the Home Department (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice)
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| 47. In my judgment paragraph 11(1) is plainly incompatible with the prisoner's article 6 rights, at any rate in those cases where the sentencing judge recognises that fairness requires an oral hearing. I would accordingly construe it, in much the same way as did the Divisional Court, as being subject to an implied condition that the judge has the discretion to order an oral hearing whenever he believes such a hearing to be required in the interests of fairness. |
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