Criminals may be set free early to protect their human rights

Lord Phillips, the Lord Chief Justice, criticised the Justice Secretary over the status of the Parole Board, which rules when the worst inmates should be released.

He said it lacks independence from the Government and should be changed - offering hope to scores of convicts who claim they should already have been freed.

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They could now claim the decision to keep them behind bars to protect the public was unfair.

Lord Phillips dismissed an appeal by Mr Straw against an earlier ruling that the system did not "comply with the human rights of prisoners", won by four inmates fighting for release from custody.

They argued their right to a fair hearing had been violated because of the close link between the Board and the Government.

Lord Phillips said the High Court's finding that the Parole Board lacked independence were "fully supported" by evidence.

The cause of the problem is a recent change of function of the Parole Board. It was a body advising Mr Straw over the release of prisoners, but is now a judicial body deciding whether to free prisoners.

Mr Straw appoints members of the board, and can therefore influence its decisions, Lord Phillips said. He also has direction over the way it carries out crucial risk assessments.

The Ministry of Justice said the ruling did not mean any prisoners would be released early, nor would any be able to claim compensation.

But an independent Parole Board - which considers 14,000 cases a year - could take a more lenient approach than one under Government pressure.

A Justice Ministry spokesman said: "Naturally we are disappointed. We will consider whether we should appeal."

In a second judgment, the Court of Appeal attacked Mr Straw over the way the Government had introduced openended jail terms for serious offenders.

Thousands have been given indeterminate sentences and are eligible for release when a tariff set by the court expires.

They must first show the Parole Board they are fit for release but there is not enough money for rehabilitation courses.

Dozens of Polish criminals could be released in Britain because their government cannot cope with repatriating a flood of extradited offenders.

A judge criticised the "unholy mess" after failures by Poland to fly defendants home.

Violent offenders, drug dealers, burglars, and fraudsters captured here are waiting to be returned for trial or jail.

Barristers will argue they should not be removed because they have been held too long, breaching their human rights.

Extradition requests from Poland have soared 14-fold in two years. <