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

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

Related Member(s):
Darryl Hutcheon
Related Practice Area(s):
Prison Law
Court:

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.