Petition of Walter Thomson for Judicial Review of a decision of the Parole Board for Scotland dated 12 February 2026
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judge | Lord Braid |
| Judgment Date | 14 August 2026 |
| Neutral Citation | [2026] CSOH 74 |
| Date | 14 August 2026 |
| Published date | 14 August 2026 |
| Docket Number | P506/26 |
OUTER HOUSE, COURT OF SESSION
[2026] CSOH 74
P506/26
OPINION OF LORD BRAID
in Petition of
WALTER THOMSON
Petitioner
for
Judicial Review of a decision of the Parole Board for Scotland dated 12 February 2026
Petitioner: Crabb; Drummond Miller LLP, Edinburgh
Respondent: Pugh KC; Anderson Strathern LLP, Edinburgh
14 August 2026
The issue
[1] The short issue raised by this petition for judicial review is whether, in considering
whether a life prisoner ought to be released, the Parole Board for Scotland (the respondent)
must consider whether release would give rise to a substantial risk of serious violence to the
public similar to that occasioned by the index offence (that is, the offence which led to the
imposition of a life sentence), sometimes referred to as a “life and limb” test (as in Brown v
Parole Board for Scotland [2021] CSIH 20 at para [36]); or whether the test for release is
broader than that. There is a prior issue as to whether the petition is now of academic
interest only, given that a further review of the petitioner’s case by the respondent is
looming.
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