12 July 2007
R (Gulliver) v Parole Board [2007] All ER (D) 63 (Jul)
When considering the recall to prison of a prisoner who has been released on licence, the parole board is not confined to a review of secretary of state’s reasons for recall, but is entitled to take into account all relevant circumstances.
The secretary of state’s power to recall a prisoner on licence is not limited to cases where there is a breach of a licence condition but can be for other reasons, such as the protection of the public.
There may be exceptional cases in which it might be appropriate to apply for judicial review of the secretary of state’s decision to recall the prisoner, but they would be few and far between.
