Masterman, Application for Reconsideration [2023] PBRA 74 (26 April 2023)

Masterman, Application for Reconsideration [2023] PBRA 74 (26 April 2023)

The Panel acted irrationally by failing to consider the Applicant's alternative case for release to an Approved Premises (AP) and by failing to give substantive reasons for not considering this option, despite it being specifically raised. These failures necessitate reconsideration of the decision.

Citation
[2023] PBRA 74
Parties
Applicant: Applicant; Respondent: PPCS
Jurisdiction
England and Wales
Judgment Date
26 April 2023
Procedural Posture
Judicial Review / Judgment on Application for Reconsideration
Outcome
Reconsideration ordered
Legal Topics
Parole Board Decisions, Irrationality, Duty to Give Reasons, Release Conditions
Administrative Law Criminal Law Parole Board Decisions Irrationality Duty to Give Reasons Release Conditions

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Parties

Applicant

Applicant

PPCS

Respondent

Procedural Posture

Judicial Review / Judgment on Application for Reconsideration

Legal Issues

  1. 1 Whether the Panel acted irrationally by failing to consider the Applicant's alternative case for release to an Approved Premises (AP)
  2. 2 Whether the Panel failed to give substantive reasons for refusing release and not considering the AP option

Ratio Decidendi

The Panel acted irrationally by failing to consider the Applicant's alternative case for release to an Approved Premises (AP) and by failing to give substantive reasons for not considering this option, despite it being specifically raised. These failures necessitate reconsideration of the decision.

Court Disposition

Reconsideration ordered

Orders

  • The decision of the Panel is set aside and the matter is remitted for reconsideration.