Summary
A Parole Board must give an intelligible explanation showing that it has fairly considered the principal issues, but it need not address every witness or piece of evidence separately. The Board may reject expert evidence where it gives coherent reasons for doing so. Judicial review does not permit the court to reweigh risk or substitute its own assessment.
Advice on transfer to open conditions is distinct from the statutory decision on release. Where the Secretary of State invites such advice under directions requiring a balanced assessment, the Board must consider both risk and the benefits of open conditions, including compliance with temporary release conditions, trustworthiness, and opportunities for further risk-reduction work. Failure to conduct that separate assessment renders the advice unlawful.
Factual background
The claimant, an IPP prisoner, sought judicial review of a Parole Board decision declining to direct his release and declining to recommend his transfer to open conditions. The Panel considered that his principal risk factor was a propensity to lose control and behave violently, which had not been adequately addressed.
The claimant challenged the adequacy of the reasons, the Panel’s assessment of the need for anger-management work, the weight given to completed offending-behaviour courses, and the approach to open conditions. The central issue was whether the Panel had lawfully assessed risk and had separately applied the Secretary of State’s directions governing advice on transfer to open conditions.
Held
- Release. The challenge to the refusal to direct release failed. Under section 28 of the Crime (Sentences) Act 1997, the Board’s task was to assess whether continued detention remained necessary for public protection. The court could not substitute its own view for the Panel’s assessment of risk.
- Reasons and evidence. The Panel’s decision letter adequately explained why it rejected or gave limited weight to the professional evidence. It was not required to identify every witness separately or explain every disagreement in detail, provided that a fair reading disclosed the principal reasoning. The Panel was entitled to prefer its assessment of a propensity for loss of control and violence over the view that deficient thinking skills were the primary risk factor.
- Rationality and completed courses. The Panel had not irrationally required completion of a particular course. It had stated that the identified risk remained inadequately addressed, without prescribing a specific programme. It had considered the possibility of ART work in open conditions. The Panel had also recognised that the claimant’s completed courses reduced his risk, but was entitled to conclude that an unacceptable risk remained.
- Open conditions. Advice on transfer to open conditions was an extra-statutory function distinct from the statutory release decision. The Secretary of State’s directions generated a legitimate expectation that the Board would follow the relevant directions. The directions required a balanced assessment, with emphasis on risk reduction, rather than simply applying the conclusion reached on release.
- The Panel had not shown that it separately considered the benefits and risks specific to open conditions, including compliance with temporary release conditions, trustworthiness, the value of a more realistic environment, and the availability of further anger-management work. The advice on transfer was therefore quashed and remitted for reconsideration. The refusal to direct release remained undisturbed, and reconsideration did not require a fresh panel.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
First-instance judicial review. The judgment does not state any prior appellate decision in the present litigation.
Key cases cited
13 authorities cited.
- Regina v. Parole Board (Respondents) ex parte Smith (FC) (Appellant) Regina v. Parole Board (Respondents) ex parte West (FC) (Appellant) (Conjoined Appeals) [2005] UKHL 1
- Westminster City Council v Great Portland Estates Plc [1985] AC 661
- Girling v Secretary of State for the Home Department & Anor [2006] EWCA Civ 1779
- Flannery v Halifax Estate Agencies Ltd (trading as Colleys Professional Services) [2000] 1 WLR 377
- R v Parole Board, Ex parte Watson (Watson, Ex parte) [1996] 1 WLR 906
- R v Westminster City Council, ex parte Ermakov [1996] 2 All ER 302
- O'Sullivan v Parole Board [2009] EWHC 2370 (Admin)
- Alvey, R (on the application of) v The Parole Board [2008] EWHC 311 (Admin)
- R (Oyston) v Parole Board (2000) PLR 45
- Bolton MDC v Secretary of State for the Environment [1995] 3 PLR 37
- In re Poyser and Mills’ Arbitration [1964] 2 QB 467
- R (Gordon) v Parole Board
- R v the Parole Board, ex parte Gittens unreported, 26.1.94
Sign in to see how the court treated each authority. A free account is enough.
Cases citing this case
8 later cases · 6 positive · 2 neutral
Most senior citing decisions:
- Benson v The Secretary of State for Communities & Local Government & Anor [2018] EWHC 2354 (Admin) applied
- Wallace, R (On the Application Of) v Parole Board for England And Wales [2017] EWHC 295 (Admin) followed
- Browne, R (on the application of) v The Parole Board of England and Wales [2016] EWHC 2178 (Admin) mentioned
- Khan v Parole Board [2015] EWHC 2528 (Admin)
- Rowe, R (On the Application Of) v Parole Board for England And Wales [2013] EWHC 3838 (Admin)
- Smith v The Parole Board [2013] EWHC 218 (Admin)
- Wilmot, R (on the application of) v Secretary of State for Justice [2012] EWHC 3139 (Admin)
- Ismailaj v The Parole Board of England & Wales & Anor [2011] EWHC 1020 (Admin)
Sign in for the full treatment table. A free account is enough.