Source: All England Reporter
Publisher Citation: [2007] All ER (D) 63 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Sir Igor Judge P and Buxton LJ
Representation Edward Fitzgerald QC and Timothy Moloney (instructed by Robert Twell & Co, Newport, Isle of Wight) for the claimant.
  Steven Kovats and David Pievsky (instructed by the Treasury Solicitor) for the Parole Board.
  Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State for Justice.
Judgment Dates: 4 July 2007

Catchwords

Prison - Prisoner - Release on conditional licence - Breach of condition - Secretary ordering recall - Oral hearing before Parole Board - Parole Board deciding that breach not established but that Secretary of State's decision that breach reasonable on evidence before him - Parole Board deciding not to order re-release of prisoner on basis of risk to public - Whether decision justified - , ss 239, 254.

The Case

Prison Prisoner. In considering a matter referred to it by the Secretary of State, pursuant to s254 of the the Secretary of State having recalled a prisoner released on licence pursuant to that section, the role of the Parole Board was, having regard to all the circumstances of the case, including the circumstances of recall, to consider whether to recommend release, on the basis of all the material available to it at the time of the decision. Its jurisdiction was not limited to a review of the Secretary of State's reasons for recall. The Secretary of State's power to recall a prisoner on licence was not limited to cases where there was a breach of a licence condition but could be for other reasons, such as the protection of the public.

Practice Areas

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