R (on the application of King) v Parole Board

Prison – Prisoner. The claimant prisoner sought, by way of judicial review, to challenge the lawfulness of guidance issued by the defendant Parole Board (PB) to its panels on the test to be applied when considering the re-release after recall to custody of a prisoner who was serving a determinate sentence of imprisonment. Dismissing the claim, the Divisional Court held that when exercising its power under s 255C(4) of the Criminal Justice Act 2003, the test that the PB should apply had been the statutory test of whether the PB was satisfied that it was not necessary for the protection of the public that the prisoner should remain in prison.

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