[2012] NIQB 74

The release of a prisoner on licence, in breach of the Parole Commissioners' Rules (Northern Ireland) 2009 r.6(3)(a), was an ultra vires act. However, the prisoner had no legitimate expectation of release and to allow him to remain unlawfully at large without convening a panel to assess the risk that he posed to the community and make a final determination would have been a further and more serious illegality which would have compounded the original error.

QBD (NI) (Treacy J)

12/10/2012