King, R (on the application of) v The Parole Board

King, R (on the application of) v The Parole Board

The Parole Board, when considering the re-release of a recalled determinate sentence prisoner under LASPO 2012, must apply the 'public protection' test—whether it is necessary for the protection of the public that the prisoner remain in prison. There is no requirement or legal basis to balance the risk against the benefits of release. The December 2013 Guidance is lawful in stating that the balancing exercise is not required.

Parties
Claimant: Benjamin King; Defendant: The Parole Board; Interested Party: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Release of Prisoners, Judicial Review, Statutory Interpretation
Criminal Law Administrative Law Parole Release of Prisoners Judicial Review Statutory Interpretation

Case Brief

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Parties

Benjamin King

Claimant

The Parole Board

Defendant

The Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 What is the correct legal test for the Parole Board to apply when considering the re-release of a recalled determinate sentence prisoner under LASPO 2012?
  2. 2 Is the December 2013 Guidance issued by the Parole Board lawful in stating that there is no requirement to balance risk against benefits in such cases?

Ratio Decidendi

The Parole Board, when considering the re-release of a recalled determinate sentence prisoner under LASPO 2012, must apply the 'public protection' test—whether it is necessary for the protection of the public that the prisoner remain in prison. There is no requirement or legal basis to balance the risk against the benefits of release. The December 2013 Guidance is lawful in stating that the balancing exercise is not required.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.