R (on the application of Ben King) v The Secretary of State for the Home Department

The Court of Appeal dismissed this challenge to the Parole Board’s approach to deciding whether to release prisoners who had already been released from prison but who had then been recalled following a breach of their licence. The Court agreed that the sole question was whether the prisoner presented a risk of harm to the public if released. It rejected the argument that the Board had to balance that risk against the potential benefits of another period of early release.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWCA/Civ/2016/51.html

Sam Grodzinski QC acted for the Parole Board.