DEAN RYAN FOR JUDICIAL REVIEW [2022] ScotCS CSOH_82 (18 November 2022)

DEAN RYAN FOR JUDICIAL REVIEW [2022] ScotCS CSOH_82 (18 November 2022)

The tribunal acted unfairly by taking into account allegations of which the petitioner had been acquitted and by reasoning that the petitioner's use of illicit drugs in prison constituted involvement in serious organised crime, thereby posing a risk of serious harm. These constituted core elements of the tribunal's...

Source-derived case information.

Citation
[2022] ScotCS CSOH_82
Parties
Petitioner: Dean Ryan; Respondent: Parole Board for Scotland
Jurisdiction
Scotland
Judgment Date
18 November 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision reduced and remitted
Legal Topics
Parole, Judicial Review, Procedural Fairness, Risk Assessment, Reasons for Decisions
Criminal Law Public Law Administrative Law Parole Judicial Review Procedural Fairness Risk Assessment Reasons for Decisions

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Parties

Dean Ryan

Petitioner

Parole Board for Scotland

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board acted unfairly by considering unproven allegations in its risk assessment
  2. 2 Whether the Board provided adequate reasons for its decision
  3. 3 Whether the Board applied undisclosed policies regarding drug use and unproven allegations

Ratio Decidendi

The tribunal acted unfairly by taking into account allegations of which the petitioner had been acquitted and by reasoning that the petitioner's use of illicit drugs in prison constituted involvement in serious organised crime, thereby posing a risk of serious harm. These constituted core elements of the tribunal's reasons for refusing release and fell below an acceptable standard of reasoning.

Court Disposition

decision reduced and remitted

Orders

  • Repel the Board's pleas in law
  • Sustain the petitioner's second and third pleas