PETITION OF XY FOR JUDICIAL REVIEW [2023] ScotCS CSOH_37 (07 June 2023)

PETITION OF XY FOR JUDICIAL REVIEW [2023] ScotCS CSOH_37 (07 June 2023)

The decisions of the RMT and Parole Board were rational and based on evidence that the petitioner still presented a risk that could not be managed in the absence of enforceable licence conditions, particularly given the lack of compulsory measures in the Netherlands and the petitioner's failure to engage in offence-focused work. There was no procedural impropriety or failure to seek necessary information.

Citation
[2023] ScotCS CSOH_37
Parties
Petitioner: XY; First Respondents: The Scottish Ministers; Second Respondents: The Parole Board for Scotland
Jurisdiction
Scotland
Judgment Date
07 June 2023
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Petition refused
Legal Topics
Compassionate Release, Parole, Risk Assessment, Judicial Review, Procedural Fairness
Criminal Law Administrative Law Prison Law Compassionate Release Parole Risk Assessment Judicial Review Procedural Fairness

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Parties

XY

Petitioner

The Scottish Ministers

First Respondents

The Parole Board for Scotland

Second Respondents

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the refusal to grant compassionate release was unreasonable or irrational
  2. 2 Whether there was procedural impropriety in the decision-making process
  3. 3 Whether the risk posed by the petitioner could be managed safely in the community

Ratio Decidendi

The decisions of the RMT and Parole Board were rational and based on evidence that the petitioner still presented a risk that could not be managed in the absence of enforceable licence conditions, particularly given the lack of compulsory measures in the Netherlands and the petitioner's failure to engage in offence-focused work. There was no procedural impropriety or failure to seek necessary information.

Court Disposition

Petition refused

Orders

  • First plea in law for the first respondents sustained
  • Fourth plea for the second respondents sustained