The Home Secretary had recalled a prisoner under emergency powers who had been released on licence. He was advised by the Parole Board, in an interim report, that the prisoner should be released. He rejected the advice and continued the detention.
Held: The powers he exercised were emergency ones. The Board’s interim recommendations could at best be provisional and tentative. He had no duty to follow it.
Citations:
Times 27-Feb-2001, Gazette 01-Mar-2001, [2001] EWCA Civ 45
Links:
Statutes:
Crime (Sentences) Act 1997 32(2), Criminal Justice Act 1997 32(4), Criminal Justice Act 1991 32
Jurisdiction:
England and Wales
Criminal Sentencing, Prisons
Updated: 19 May 2022; Ref: scu.88633
