Practice and Procedure

R (on the application of LEACH) v PAROLE BOARD OF ENGLAND AND WALES (2011)

PUBLISHED August 24, 2011

[2011] EWHC 2470 (Admin)

The 2004 directions on the proper approach for the Parole Board to adopt when considering whether to transfer a life prisoner to open conditions placed emphasis on the risk to public protection posed by the transfer rather than the benefit to the prisoner of open conditions. The board had been entitled not to recommend a life prisoner's transfer from closed to open conditions where the risk he posed could not be sufficiently reduced to protect the public from harm if he was in open conditions.

QBD (Admin) (Judge Raynor QC)