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Prison – Prisoner. The Court of Appeal, Civil Division, dismissed the claimant's appeal concerning the lawfulness of the guidance given by the defendant Parole Board to its panels in December 2013 as to the test to be applied by panels of the Board when considering whether to direct the release after recall to custody of a prisoner serving a determinate sentence of imprisonment. Among other things, it held that the guidance correctly stated that ss 255B(3) and 255C(3) of the Criminal Justice Act 2003, as amended, did not require or permit the risk of offending to be balanced against the benefits of release to the prisoner and the community.
Prison – Prisoner. The Court of Appeal, Civil Division, dismissed the claimant's appeal concerning the lawfulness of the guidance given by the defendant Parole Board to its panels in December 2013 as to the test to be applied by panels of the Board when considering whether to direct the release after recall to custody of a prisoner serving a determinate sentence of imprisonment. Among other things, it held that the guidance correctly stated that ss 255B(3) and 255C(3) of the Criminal Justice Act 2003, as amended, did not require or permit the risk of offending to be balanced against the benefits of release to the prisoner and the community.
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