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The Parole Board for England and Wales


You are here: BAILII >> Databases >> The Parole Board for England and Wales >> Minigue, Application for Set Aside by the Secretary of State for Justice [2024] PBSA 63 (09 October 2024)
URL: http://www.bailii.org/ew/cases/PBRA/2024/S63.html
Cite as: [2024] PBSA 63

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[2024] PBSA 63

 

 

Application for Set Aside by the Secretary of State for Justice

in the case of Minigue

 

 

Application

 

1.   This is an application by the Secretary of State for Justice (the Applicant) to set aside the decision to direct the release of Minigue (the Respondent). The decision was made by a panel after an oral hearing on 27 June 2024. This is an eligible decision.

 

2.   I have considered the application on the papers. These are the dossier (consisting of 274 pages), the oral hearing decision (dated 27 June 2024), and the application for set aside (dated 13 September 2024).

 

Background

 

3.   On 10 February 2015, the Respondent received a sentence, following guilty pleas, of 12 years custody made up of 8 years for two offences of robbery, possessing an offence weapon in a public place and a consecutive term of 4 years for possession with intent to supply class A drugs (heroin).

 

4.   The Respondent was aged 43 at the time of sentencing. He is now 53 years old.

 

5.   He was automatically released on licence in November 2019. His licence was revoked on 18 November 2020 and he was returned to custody. He was released again on licence on 2 August 2023 following a hearing by a parole board. His licence was revoked on 22 September 2023 and he was returned to custody on 25 September 2023. This is his second recall on this sentence, and his first parole review since recall.

 

Application for Set Aside

 

6.   The application for set aside relies on information sent to the Public Protection Casework Section (PPCS) acting on behalf of the Applicant.

 

7.   The application submits that there is further information constituting a significant change in circumstances which came to light after the panel made it decision and which impacts the risk management assessment.

 

Current parole review

 

8.   The Respondent’s case was referred to the Parole Board by the Applicant to consider whether to direct his release. An oral hearing took place on 27 June 2024 before a single member panel. The panel heard evidence from the Applicant, his Prison Offender Manager (POM) and his Community Offender Manager (COM). The Respondent was legally represented throughout the hearing.

 

The Relevant Law

 

9.   Rule 28A(1)(a) of the Parole Board Rules 2019 (as amended by the Parole Board (Amendment) Rules 2022) (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 the 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 offered no representations in response to this application. Whilst the Respondent’s legal representative has completed their details on the form as representatives for the Respondent, they state that they do not have his full instructions on the recent information and cannot provide further representations. They do not request an extension of time. In those circumstances, as the deadline for submission has passed, I have considered the application on the submissions received.

 

Discussion

 

13.It is argued on behalf of the Applicant that there has been new information which had it been before the panel would not have resulted in a decision for release. The Applicant was found to be in possession of contraband material (cocaine, cannabis, needles, tablets, mobile phones and chargers) when his billet was searched. He was returned to closed conditions. It appears these new matters may be referred to the police. This new information clearly impacts on the Applicant’s openness and honesty and the robustness of the risk management plan. The COM is concerned that the new information leaves the question of risk more unknown.

 

14.I am certain that if the allegations set out in the application had been before the panel then the fullest investigation would have been called for, a direction for release would not, in the absence of that investigation have been granted. A further risk assessment will also plainly be needed in the light of these new allegations. What steps the police, if any and if the case has been referred to them, have so far taken is also not yet known.

 

Decision

 

15.In the circumstances I am satisfied that the requirements of Rules 28A are met. The application for set aside is accordingly accepted.

 

 

 

Barbara Mensah

09 October 2024

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