AC-2025-CDF-000035 - [2025] EWHC 2099 (Admin)

The statutory scheme for the recall of prisoners on licence and the role of the board is dealt with by the Criminal Justice Act 2003. Under section 239(2) it is the duty of the board to advise the Secretary of State with respect to any matter referred to it which is to do with the early release or recall of prisoners. Section 256A provides that if a prisoner's case has been previously referred to the board and has not been released, the Secretary of State must refer the prisoner's case back to the board no later than the first anniversary of its most recent determination. Subsection (4) provides that the board must not give a direction for a person's release on a reference under that section unless the board is satisfied that it is not necessary for the protection of the public that the person should remain in prison. The board has no inherent jurisdiction and acts upon the statutory reference by the Secretary of State.

The Secretary of State has made rules under section 239(5) for proceedings before the board, namely the Parole Board Rules 2019 (SI 2018/1038) which have subsequently been amended. Rule 6 provides that the panel chair or duty member may adjourn or defer the proceedings to obtain further information or for such other purposes as they consider appropriate. By rule 19 the board may direct an oral hearing. By rule 19(6) any decision made as to whether a prisoner is deemed unsuitable for release is provisional. Rule 20(1) provides that a prisoner may apply for an oral hearing if he has been deemed unsuitable for release under Rule 19.

In July 2020 the board produced guidance entitled "Adjournments and deferrals". The guidance at [4.6] provides that an adjournment would not normally be appropriate when the prisoner is subject to a police investigation/criminal proceedings and the outcome is still awaited and is unlikely to be resolved within four months. It is more appropriate to conclude the case on the papers to avoid lengthy delays to review, and there is the option to re-refer the case on the conclusion of outstanding charges.

In September 2023, the board produced further guidance “Guidance on Allegations” which at [8.3] provides that panels should exercise caution when allegations are subject to ongoing investigation or court proceedings, but panels can make findings of fact where appropriate.