Judicial review: Early release for prisoners who assert innocence considered

27 June 2007

In this recent judicial review brought by a convicted rapist against the Parole Board for Scotland and the Scottish Ministers, Lord McEwan had to consider the difficult question of how the Parole Board should address the possibility of early release for prisoners who continue to deny guilt of the offence of which they have been convicted.

David Laidlaw v Parole Board for Scotland

In this recent judicial review brought by a convicted rapist against the Parole Board for Scotland and the Scottish Ministers, Lord McEwan had to consider the difficult question of how the Parole Board should address the possibility of early release for prisoners who continue to deny guilt of the offence of which they have been convicted. Such prisoners are not eligible to participate in courses in prison designed to address their offending behaviour and to develop victim empathy and insight.

Although the reasons for refusing to allow early release given by the Board had been expressed in brief terms, Lord McEwan held that they were intelligible and adequate. His Lordship said that the Board had to give reasons which will be readily understandable to the prisoner and his advisers. The Board was busy. It had many cases and regard had to be given to the practical considerations.

As to the merits of the Board's decision, the judge held that they were entitled to refuse early release. The petitioner had been convicted of a most serious offence and the Board had balanced and taken account of all the relevant factors. The judge emphasized that the Board were not only entitled but bound to take account of the petitioner being a "denier" and having performed no offence related work. What was most important was his attitude in prison as the time approached for his release. The prison has a duty to prepare a prisoner for safe release as best it can. To that end the Board must have, if possible, material before it to make an objective assessment of the risk.

Paul Cullen QC, of Axiom, appeared for the Parole Board.

http://www.scotcourts.gov.uk/opinions/2007CSOH98.html

26th June 2007