R (King) v Parole Board
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 2016 |
| Date | 09 February 2016 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Dyson, Master of the Rolls, Lord Justice Tomlinson and Lord Justice Sales
Guidance given by the Parole Board to its panels in December 2013 that, when directing release after recall to custody of a prisoner serving a determinate sentence of imprisonment, the panel should be satisfied that it was no longer necessary for the prisoner to be detained in order to protect the public from serious harm, and that there was no requirement to balance the risk of harm against the benefits to the public or the prisoner of release, was lawful The Court of Appeal so held in dismissing the appeal of the applicant, Ben King, against the refusal by the Divisional Court (Lord Ju stice Aikens and Mr Justice Mitting)UNK ([2014] EWHC 564 (Admin)) of his claim for judicial review of the Parole Board's 2013 guidance. The Secretary of State for the Home Department was named as an interested party but did not appear and was not represented.
Mr Hugh Southey, QC, for the applicant; Mr Sam Grodzinski, QC and Mr Tim Buley for the Parole Board.
THE MASTER OF THE ROLLS said that the December 2013 Guidance was issued one year after the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which made major changes to the law on recall and release of prisoners serving a determinate sentence of impr isonment.
The applicant's case was that the Guidance relating to release after recall to custody contained two flaws: (i) it wrongly directed panels to apply the "public protection test" set out in section 255B(3) and section 255C(3) of the Criminal Justice Act 2003 (as substituted by section 114(1) of the 2 012 Act); and (ii) it was wrong in that in an appropriate case, the board was entitled or obliged to conclude that a significant risk of harm to the public by reason of a prisoner's early release was outweighed by the benefits of such release.
Section 255B was concerned with prisoners who were suitable for automatic release. Those were prisoners whom the secretary of state was satisfied would not "present a risk of serious harm to members of the public". Subsection (3) provided that they might, following recall to prison, be released aga in by the secretary of state if he was satisfied that the public protection test was met.
Subsection (5) provided that, following representations made to the secretary of state by the prisoner under section 254(2), the...
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