Prisons

The applicant was convicted of murder on his own admission in 1986.

He was released on licence in November 1995.

On 30 August 2000, the...The applicant was convicted of murder on his own admission in 1986.

He was released on licence in November 1995.

On 30 August 2000, the Secretary of State, exercising his emergency powers under section 32(2) of the Crime (Sentences) Act 1997, revoked the applicants licence and recalled him to prison.

In accordance with his usual practice, and before a full judicial hearing on a mandatory reference to the Parole Board under section 32(4) of the 1997 Act, the Secretary of State immediately referred the matter to the Parole Board under section 32(2) of the Criminal Justice Act 1991 for their advice upon his decision to recall the applicant.

The Secretary of State considered but refused to follow the Boards recommendation for the applicants release and the applicant applied for a writ of habeas corpus.

Following a refusal of his application the applicant appealed.Andrew Bodnar (instructed by Whitelock & Storr) for the applicant; Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.Held, dismissing the appeal, that the advice given by the Parole Board following a referral under section 32(2) of the 1991 Act was provisional and tentative, given on a partial hearing of only one side of the case, without the benefit of the full materials and representations which would be available on a subsequent mandatory review under section 32(4) of the 1997 Act; that the overall statutory scheme placed no requirement on the Secretary of State to comply with the Boards advice on a referral under section 32(2) of the 1991 Act, nor was it irrational of him not to follow the Boards advice.