| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 130 (Jan) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Phillips MR, Simon Brown and Longmore LJJ |
| Representation | Andrew Bodnar (instructed by Whitelock Storr) for the applicant. |
| Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 22 January 2001 |
Catchwords
Prison - Release on licence - Revocation of licence - Applicant released on licence having licence revoked and returning to prison - Applicant applying for writ of habeas corpus - Parole board recommending release - Secretary of State declining to follow parole board recommendation ||Whether Secretary of State in error - ss 32(2), 32(4)(b).
The Case
Where a prisoner released on licence had his licence revoked by the Secretary of State under the emergency procedure available pursuant to s32(2) of the the review procedure available to the parole board in those circumstances, under s32(4)(b) of the 1997 Act, was not a detailed consideration and did not consider the depth of material that the parole board might consider where a review was not in response to revocation under the emergency procedure. In the instant case, therefore, the Secretary of State was not obliged as a matter of law to follow the parole board's recommendations in those circumstances.
Practice Areas
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