The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall.
Held: The prisoner’s appeal failed. The Board was entitled to take into account all the circumstances, including but not limited to, the reason for his recall. The principles in re Watson applied to other prisoners and not just to lifers. A decision to recall will not be reviewable, save in exceptional circumstances where it can be demonstrated that the recall decision was itself unlawful. In reaching a decision the Parole Board adopts a two-stage process, asking itself, first, in relation to a recall decision, whether the recall was appropriate, but then secondly whether the person concerned ought to be released by reference not merely to the circumstances of recall, but also by assessment of the risk to the public posed by the re-release of the person concerned, on the basis of all the material available to it when making the decision.
Judges:
Sir Anthony Clarke MR, Sir Igor Judge P, Buxton LJ
Citations:
Times 20-Aug-2007, [2007] EWCA Civ 1386, [2008] 1 WLR 1116
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Gulliver, Regina (on the Application of) v Parole Board Admn 6-Nov-2006
. .
Cited – Regina v Parole Board, ex Parte Watson CA 11-Mar-1996
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant . .
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 . .
Cited – Howden, Regina (on The Application of) v The Chief Constable of South Yorkshire Admn 15-Oct-2010
The claimant challenged a decision to return him to prison from release on licence. He said that in a non-urgent situation it was wrong for the Secretary of State to accept police intelligence without further enquiries.
Held: The claim failed. . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 11 July 2022; Ref: scu.258852