The prisoner challenged his continued detention after release on licemce and recall. He was subject to an extended sentence. He submitted that the objective of the sentence was that following a period to be served in custody he should be released and rehabilitated in the community under the extended period of his licence. He submitted that in passing the sentence that he did the trial judge was making an assessment of the risk that the claimant presented and that the Parole Board should only have refused to direct his release where there had been a demonstrable increase in risk leading to recall, and where such increase could not be managed in the community, as the sentencing judge had intended.
Held: Robert Owen J said: ‘The argument that the approach of the Parole Board was fundamentally flawed is misconceived. There was no requirement to carry out a comparative evaluation of the risk existing at the point at which sentence was passed and that existing at the date of the hearing before the Parole Board. The Board was obliged to consider whether, in the light of all the evidence placed before it, it was satisfied that it was no longer necessary for the protection of the public that the claimant be confined. As Elias J observed in paragraph 34 in Sim, where a prisoner on licence is detained following breach of the terms of the licence, or because other information raises fresh fears that he may commit further offences, there is no severing of the causal link between the sentence for the original conviction and the subsequent detention.
Judges:
Robert Owen J
Citations:
[2004] EWHC 872 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Chater, Regina (on The Application of) v Secretary of State for Justice and Another Admn 2-Aug-2010
The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 15 October 2022; Ref: scu.196096