King, R (on the application of) v The Parole Board [2014] EWHC 564 (Admin) (04 March 2014)

King, R (on the application of) v The Parole Board [2014] EWHC 564 (Admin) (04 March 2014)

The Parole Board, when considering the re-release of a recalled determinate sentence prisoner under section 255C(4) of the Criminal Justice Act 2003 (as amended by LASPO 2012), must apply the equivalent statutory test used elsewhere: whether it is no longer necessary for the protection of the public that the prisoner should be confined. This is a risk-based test and does not require a balancing of risk against the benefits of release. The December 2013 Guidance, which states that there is no requirement to balance risk against benefits, is lawful.

Citation
[2014] EWHC 564 (Admin)
Parties
Claimant: Benjamin King; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Parole Board Guidance, Release of Determinate Sentence Prisoners, Statutory Interpretation, Judicial Review of Administrative Guidance
Administrative Law Criminal Law Prison Law Parole Board Guidance Release of Determinate Sentence Prisoners Statutory Interpretation Judicial Review of Administrative Guidance

Case Brief

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Parties

Benjamin King

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

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 and the Criminal Justice Act 2003?
  2. 2 Is the December 2013 Parole Board Guidance, which states there is no requirement to balance risk against benefits, lawful?

Ratio Decidendi

The Parole Board, when considering the re-release of a recalled determinate sentence prisoner under section 255C(4) of the Criminal Justice Act 2003 (as amended by LASPO 2012), must apply the equivalent statutory test used elsewhere: whether it is no longer necessary for the protection of the public that the prisoner should be confined. This is a risk-based test and does not require a balancing of risk against the benefits of release. The December 2013 Guidance, which states that there is no requirement to balance risk against benefits, is lawful.

Court Disposition

Claim dismissed

Orders

  • Declaration that the December 2013 Parole Board Guidance is lawful
  • No order for relief to the claimant