Parole Board decision quashed due to failure to carry out balancing exercise


Re: Green v Parole Board & Anor [2017] EWHC 2612 (Admin)

A prisoner detained post-tariff on a sentence of imprisonment for public protection applied for judicial review of (1) a decision of the Parole Board not to recommend his transfer to open conditions as a prelude to release and (2) a decision of the Secretary of State for Justice that there should be 18 months until his next parole review.

The High Court upheld his challenges to both decisions and ordered that the Parole Board hold a fresh oral hearing to determine the claimant’s suitability for transfer to open conditions.

Darryl Hutcheon was involved in this case.