Thomas O'leary For Judicial Review Of A Decision Of The Parole Board For Scotland
| Jurisdiction | Scotland |
| Judge | Lord Sandison |
| Neutral Citation | [2022] CSOH 13 |
| Date | 02 February 2022 |
| Docket Number | P572/21 |
| Court | Court of Session |
| Published date | 02 February 2022 |
OUTER HOUSE, COURT OF SESSION
[2022] CSOH 13
P572/21
OPINION OF LORD SANDISON
In th e Petition
THOMAS O’LEARY
Petitioner
for
Judicial review of a Decision of the Parole Board for Scotland dated 29 April 2021
Petitioner: Mackintosh, QC, Crabb; Drummond Miller LLP
Respondent: Lindsay, QC; Anderson Strathern LLP
2 February 2022
Introduction
[1] Thomas O’Leary is presently a prisoner in HMP Barlinnie. He is subject to an order
for lifelong restriction, pronounced on 19 August 2014, in respect of his conviction of certain
serious criminal offences. The punishment part of that order, ie the period before the expiry
of which his release from custody on licence could not lawfully be considered, was fixed at
5 years beginning on 31 August 2012.
[2] The Parole Board for Scotland is a statutory body existing and discharging functions
under the Prisons (Scotland) Act 1989, the Prisoners and Criminal Proceedings (Scotland)
Act 1993, the Convention Rights (Compliance) (Scotland) Act 2001 and the Criminal Justice
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Petition Of Dd For Judicial Review Of A Decision Of The Parole Board
...already expressed some doubt about the utility of the concept of “anxious scrutiny” in this context: O’Leary v Parole Board for Scotland [2022] CSOH 13, 2022 SLT 623 at [16], preferring instead on that occasion to deploy the idea of “meticulousness”, both as to the examination of the materi......