King, R (On the Application Of) v The Secretary of State for the Home Department

The Parole Board must apply the public protection test under sections 255B(3) and 255C(3) when considering the release of recalled determinate sentence prisoners. The test does not permit or require balancing the risk of harm to the public against the benefits of early release; protection of the public is the overriding consideration.

Parties: Appellant: Ben King; Respondent: The Parole Board; Interested Party: The Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 09 February 2016
Procedural Posture: Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome: appeal dismissed
Legal Topics: Parole, Prisoner Release, Statutory Interpretation, Public Protection Test

Criminal Law Public Law Parole Prisoner Release Statutory Interpretation Public Protection Test

Case Brief

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Parties

Ben King

Appellant

The Parole Board

Respondent

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

1 Whether the Parole Board must apply the public protection test under section 255B(3) and 255C(3) of the Criminal Justice Act 2003 when considering release of recalled determinate sentence prisoners
2 Whether the Parole Board is required or permitted to balance the risk of harm to the public against the benefits of early release

Ratio Decidendi

Court Disposition

appeal dismissed