Grant, Application to Set Aside [2023] PBSA 27 (19 May 2023)

Grant, Application to Set Aside [2023] PBSA 27 (19 May 2023)

The panel's release direction was based on the mistaken belief that specialist accommodation would be available for six months; new information shows this is not possible, and the panel would not have directed release had it known. Setting aside is in the interests of justice given the high risk and inadequate risk management plan.

Citation
[2023] PBSA 27
Parties
Prisoner: Grant; Referrer: Secretary of State
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Application to Set Aside Parole Board Decision / Set Aside Determination
Outcome
Decision of the panel dated 9 December 2022 is set aside.
Legal Topics
Parole, Recall, Licence Variation, Risk Management, Set Aside Procedure
Criminal Law Prison Law Administrative Law Parole Recall Licence Variation Risk Management Set Aside Procedure

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Parties

Grant

Prisoner

Secretary of State

Referrer

Procedural Posture

Application to Set Aside Parole Board Decision / Set Aside Determination

Legal Issues

  1. 1 Whether new information justifies setting aside the release direction
  2. 2 Whether interests of justice require setting aside the panel's decision

Ratio Decidendi

The panel's release direction was based on the mistaken belief that specialist accommodation would be available for six months; new information shows this is not possible, and the panel would not have directed release had it known. Setting aside is in the interests of justice given the high risk and inadequate risk management plan.

Court Disposition

Decision of the panel dated 9 December 2022 is set aside.

Orders

  • Case to be reconsidered by the previous panel.
  • Matter to proceed to a fresh oral hearing.