R (on the application of Gourlay) v Parole Board

Sentence – Imprisonment. The claimant was serving a sentence of life imprisonment, with a minimum term of six years, for rape. He sought judicial review of the defendant Parole Board's decision not to recommend his transfer to open conditions. The Administrative Court, in allowing the application, held that the Parole Board had not simply placed a high weight on the fact that the claimant denied sexual intercourse with the complainant, which it would have been entitled to have done, but had used the factor of denial as the sole factor to be put in the balance when assessing the continuing degree of risk.

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