Pilgrim, R (on the application of) v Parole Board & Anor

Pilgrim, R (on the application of) v Parole Board & Anor

The statutory provisions set out different tests for parole for life sentence and determinate sentence prisoners. The Secretary of State's directions to the Parole Board for determinate sentence prisoners are lawful and in accordance with the statutory framework, which allows consideration of risk of further offending beyond risk to life and limb.

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 / Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Statutory Interpretation, Prisoner Release
Criminal Law Administrative Law Parole Statutory Interpretation Prisoner Release

Case Brief

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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 / Judgment

Legal Issues

  1. 1 Whether the Secretary of State's directions to the Parole Board regarding parole 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 set out different tests for parole for life sentence and determinate sentence prisoners. The Secretary of State's directions to the Parole Board for determinate sentence prisoners are lawful and in accordance with the statutory framework, which allows consideration of risk of further offending beyond risk to life and limb.

Court Disposition

Claim dismissed