Pilgrim, R (on the application of) v Parole Board & Anor [2008] EWHC 1019 (Admin) (09 May 2008)

Pilgrim, R (on the application of) v Parole Board & Anor [2008] EWHC 1019 (Admin) (09 May 2008)

The statutory provisions governing parole for determinate sentence prisoners and life sentence prisoners are different, and the Secretary of State's directions to the Parole Board lawfully reflect those differences. The directions are not unlawful.

Citation
[2008] EWHC 1019 (Admin)
Parties
Claimant: Christopher Pilgrim; First Defendant: The Parole Board; Second Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
09 May 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Statutory Interpretation, Discretion of Parole Board, Release of Prisoners
Criminal Law Administrative Law Prison Law Parole Statutory Interpretation Discretion of Parole Board Release of Prisoners

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Parties

Christopher Pilgrim

Claimant

The Parole Board

First Defendant

The Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's directions to the Parole Board regarding release on licence for determinate sentence prisoners are lawful
  2. 2 Whether the same test for release applies to determinate sentence prisoners as to life sentence prisoners

Ratio Decidendi

The statutory provisions governing parole for determinate sentence prisoners and life sentence prisoners are different, and the Secretary of State's directions to the Parole Board lawfully reflect those differences. The directions are not unlawful.

Court Disposition

Claim dismissed