The Parole Board for England and Wales

 

[2025] PBSA 9

 

 

Application for Set Aside by Ford

 

Application

 

1.   This is an application by Ford (the Applicant) to set aside the decision not to direct his release. The decision was made by a panel after an oral hearing. This is an eligible decision.

 

2.   I have considered the application on the papers. These are the dossier, the oral hearing decision (dated 4 November 2024), along with the recording of said hearing and the application for set aside (dated 15 January 2025). I have also read the decision (Ford [2024] PBRA 257) which dismissed an application for reconsideration.

 

Background

 

3.   The Applicant received an extended sentence of 7 years and 8 months in custody with an extended licence period of 5 years for offences of wounding and false imprisonment. On the same occasion he was sentenced to a further 6 months to be served consecutively in respect of the activation of a suspended sentence order previously imposed. His total sentence was therefore 8 years and 2 months imprisonment with an extended licence of 5 years.

 

4.   The Applicant was 25 years old at the time of sentencing and is now 31 years old.

 

Application for Set Aside

 

5.   The application for set aside has been drafted and submitted by solicitors on behalf of the Applicant and submits that the panel's decision contained numerous errors of fact.

 

Current Parole Review

 

6.   The Applicant's case was referred to the Parole Board by the Secretary of State (the Respondent) to consider whether or not it would be appropriate to direct his release.

 

7.   Following an oral hearing, the panel made no direction for release.

 

8.   This decision was subject to an unsuccessful application for reconsideration.

 

The Relevant Law

 

9.   Rule 28A(1)(a) of the Parole Board Rules provides that a prisoner or the Secretary of State may apply to the Parole Board to set aside certain final decisions. Similarly, under rule 28A(1)(b), the Parole Board may seek to set aside certain final decisions on its own initiative.

 

10.The types of decisions eligible for set aside are set out in rule 28A(1). Decisions concerning whether the prisoner is or is not suitable for release on licence are eligible for set aside whether made by a paper panel (rule 19(1)(a) or (b)) or by an oral hearing panel after an oral hearing (rule 25(1)) or by an oral hearing panel which makes the decision on the papers (rule 21(7)).

 

11.A final decision may be set aside if it is in the interests of justice to do so (rule 28A(3)(a)) and either (rule 28A(4)):

 

a)   a direction for release (or a decision not to direct release) would not have been given or made but for an error of law or fact, or

b)   a direction for release would not have been given if information that had not been available to Board had been available, or

c)    a direction for release would not have been given if a change in circumstances relating to the prisoner after the direction was given had occurred before it was given.

 

The reply on behalf of the Respondent

 

12.The Respondent has indicated that no representations will be made in response to this application.

 

Discussion

 

13.The application for set aside essentially repeats grounds which were raised in the previous reconsideration application but instead frames them as an error of law founded on procedural unfairness and/or irrationality.

 

14.Those grounds were considered and dismissed in a decision dated 30 December 2024 which gave reasons why they were unsuccessful. There was no finding of procedural unfairness or irrationality.

 

15.There can be no error of law based on procedural unfairness and/or irrationality if neither has been established, and it is not for me to interfere with the decision of the reconsideration panel. This application is therefore dismissed.

 

Decision

 

16.For the reasons set out above, the application for set aside is refused.

 

 

Stefan Fafinski

06 February 2025