A PAROLE hearing of an armed robber, formerly from Southend, is being used as a test case which could see a change in the law.
Wayne Black is serving a 24-year jail term for a string of crimes, and was appealing against the refusal of parole at the Appeal Court yesterday.
A change in the law is almost certain to follow the Appeal Court's ruling that only a court of law, and not the Justice Secretary, is qualified to decide on long-term prisoners' release dates.
Black, now 39, was jailed in July 1995 for 20 years for false imprisonment, kidnapping, conspiracy to kidnap and robbery.
In January 1996, he was given another four years for escaping from a prison van, armed with a razor lodged in a toothbrush, as he was being transported from the Old Bailey to Belmarsh Prison.
He managed to evade capture for 12 days before being caught in Southend.
In May 2006, the Parole Board recommended Black's release on licence.
However, the Home Secretary, whose role has now been taken over by the Justice Secretary, refused to comply saying Black still posed too great a risk of re-offending.
Black appealed the decision and in the Appeal Court, his lawyers argued his fate was "entirely dependent upon a decision by the executive" and that amounted to a breach of his human rights.
As Black's continued detention accords with the law currently in force, his appeal was dismissed by the court.
However, he and other prisoners in the same position, are seeing the decision as an important victory which will effectively force Parliament into changing the law.
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