Practice and Procedure

R (on the application of IRVING) v PAROLE BOARD (2004)

PUBLISHED November 12, 2004

[2004] EWHC 2863 (Admin)

In order for a prisoner to be recalled to prison on the basis of an unacceptable risk of re-offending there was no requirement for that risk to be greater than the risk that had been posed by the prisoner on his release. A contrary conclusion would require the parole board to disregard its clear statutory functions and duties.

QBD (Admin) (Owen J)