R v Secretary of State for the Home Department and Another, ex parte Lillycrop ; R v Same and Another, ex parte Powell ; R v Same, ex parte Scott

JurisdictionEngland & Wales
Judgment Date27 November 1996
Date27 November 1996
CourtQueen's Bench Division

Queen's Bench Divisional Court

Before Lord Justice Schiemann and Mr Justice Butterfield

Regina
and
Secretary of State for the Home Department and Another, Ex parte Lillycrop Regina v Same and Another, Ex parte Powell Regina v Same, Ex parte Scott

Parole Board - reasons for decision - relevance of continued denial of guilt

Relevance of continued denial of guilt for Parole Board

In considering whether to recommend for release on licence a long-term prisoner who had served half his sentence, and whose pattern of offending behaviour was such that there was a significant risk of further offences of a violent or sexual nature, the Parole Board was entitled to take into account the prisoner's continued denial of guilt in determining the extent to which he had examined his offending behaviour and had thus reduced the risk of re-offending.

But it was not permissible for the board to refuse to recommend the prisoner's release merely because he denied his guilt, without further consideration of the circumstances.

The demands of natural justice and fairness required that the board's decision letter should contain a succinct and accurate summary of reasons sufficient to inform the prisoner why parole had not been recommended.

A court should examine with care evidence proffered to elucidate, correct or add to reasons contained in the decision letter and only act upon it with caution.

It should not substitute the reasons in the profferred evidence for the reasons in the decision letter.

The Queen's Bench Divisional Court so held in a reserved judgment, dismissing applications for judicial review by Martin Lillycrop and Andrew Jon Scott, and granting Ronald George Powell's application for judicial review against decisions of the Parole Board refusing to recommend each of the long-term prisoners for release under section 35 of the Criminal Justice Act 1991, and against the refusal of the Secretary of State for the Home Department to authorise parole.

Mr James Turner for the applicants; Mr Steven Kovats for the secretary of state and the Parole Board.

MR JUSTICE BUTTERFIELD, delivering the judgment of the court, said that where the pattern of offending behaviour was such that there was a significant risk of a further offence being committed, particularly of a violent or sexual nature, and an applicant had not demonstrated by his conduct in prison that such risk had been reduced to an acceptable level, a recommendation for parole was unlikely to be made.

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6 cases
  • In the matter of an application for Judicial Review by Neville Peart
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 20 May 2003
    ... ... served two thirds of his sentence the Secretary of State shall release him on licence.” A ... (2) to advise the Secretary of State for the Home Department with respect to any matter connected ... 5 (a) the sentences were passed on the same occasion; or (b) where they were passed on ... R v Secretary of State v Home Department ex parte Lillycrop & others [1996] EWHC Admin 281, the ... ...
  • Nash v Chelsea College of Art and Design
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 20 July 2001
    ...In that case the duty to give reasons was implied. 31 In R v the Secretary of State for the Home Department ex p Lillycrop, the Times, 13 December 1996, the Divisional Court followed Ermakov, but accepted affidavit evidence of a civil servant that expanded upon and explained the reasoning p......
  • R Bryan Cox v The Governor of HM Prison Bristol
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 6 July 2009
    ... ... although the stepdaughters no longer live at home, having grown up and gone away from home, there ... challenge to that decision, but plainly the same challenge goes to it as would go to that in 2008, ... section 12 of the Prison Act 1952, the Secretary of State has a wide discretion to place any ... such as R v Secretary of State ex parte Zulfikar (26 July 1995) the Times ; R v ... and Secretary of State for the Home Department ex parte Oyston , a decision of Hooper J (as he ... ...
  • In the matter of an application by Samuel Henry for Judicial Review
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 25 February 2004
    ... ... of the Board of Visitors or of the Secretary of State. (3) An extension of the period of ... reached by Tudor Evans J in Williams v Home Office can no longer be sustained. It does not ... in R v Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531 at 560 will, ... for the Home Department ex parte Martin Lillycrop [1996] EWHC Admin 281 at paragraph 35 where ... In another case the applicant declined an interview with the ... ...
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