Pitchfork, Application for Reconsideration By, [2024] PBRA 21 (12 February 2024)

Pitchfork, Application for Reconsideration By, [2024] PBRA 21 (12 February 2024)

The Parole Board panel's failure to consider and give reasons regarding the POM's recommendation for release, which was a material consideration relevant to the principal issue of whether it was safe to release the Applicant, rendered the decision not to release irrational and an error of law. The application for reconsideration is granted in respect of release, but refused regarding the recommendation for transfer to open conditions, as Rule 28 does not permit reconsideration of such recommendations.

Citation
[2024] PBRA 21
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Parole Board Reconsideration Application / Judgment on Application for Reconsideration of Parole Decision
Outcome
Application for reconsideration granted in respect of release; refused in respect of recommendation for transfer to open conditions.
Legal Topics
Parole, Judicial Review, Procedural Fairness, Irrationality, Material Consideration
Administrative Law Criminal Law Parole Judicial Review Procedural Fairness Irrationality Material Consideration

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Parole Board Reconsideration Application / Judgment on Application for Reconsideration of Parole Decision

Legal Issues

  1. 1 Whether the Parole Board panel's failure to consider the Prison Offender Manager's (POM) recommendation for release rendered its decision irrational or unlawful
  2. 2 Whether the panel's decision not to recommend transfer to open conditions is subject to reconsideration

Ratio Decidendi

The Parole Board panel's failure to consider and give reasons regarding the POM's recommendation for release, which was a material consideration relevant to the principal issue of whether it was safe to release the Applicant, rendered the decision not to release irrational and an error of law. The application for reconsideration is granted in respect of release, but refused regarding the recommendation for transfer to open conditions, as Rule 28 does not permit reconsideration of such recommendations.

Court Disposition

Application for reconsideration granted in respect of release; refused in respect of recommendation for transfer to open conditions.

Orders

  • The decision not to release the Applicant is set aside and must be reconsidered.
  • The claim for reconsideration of the decision refusing to recommend transfer to open conditions is rejected.