There was no obligation on the secretary of state to consult the Parole Board before making a decision as to whether there were circumstances to justify a prisoner's release under the Crime (Sentences) Act 1997 s.30, and the Parole Board had no role to investigate alleged breaches of Art.3 rights since that was the role of the court. In the instant case there had not been any Art.3 breaches established by the secretary of state's decision not to release the appellant on compassionate grounds due to illness.

[2005] EWCA Civ 275