||All England Reporter
|| All ER (D) 94 (May)
||Queen's Bench Division, Administrative Court
||Quincy Whitaker (instructed by Bobbetts Mackan) for the claimant.
||Simon Murray (instructed by the Treasury Solicitor) for the defendant.
||8 May 2008
Prison - Release on licence - Refusal to release on licence - Whether Parole Board's decision to refuse release unlawful - Whether Board taking account of all relevant factors - Whether Board's decision irrational.
The claimant's application for the judicial review of a decision of the Parole Board, refusing him parole, was dismissed as the board had been entitled to refuse the claimant parole having considered the facts in favour of release, including his considerable progress, completing educational, vocational and offender orientated courses, being employed in positions of trust and by becoming involved in the smooth running of the prison by acting as a wing and race relations representative, with the factors against release, namely the claimant's serious and repeated prior offending. Further, an earlier parole decision that indicated that his further progression in open prison conditions would be taken into account could not found a legitimate expectation that he would be released upon a further application for parole.
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