Oral hearings and special advocate procedure in parole decisions

4 February 2008

In this judicial review action, a prisoner who had been refused parole by the Parole Board for Scotland challenged the decision. He argued that the decision was unfair because (1) there should have been special advocate procedure to test intelligence information about his activities (2) there should have been an oral hearing before the Parole Board and (3) there should have been better reasons for the decision. Lord Turnbull found that fairness required an oral hearing in the circumstances, but did not uphold the petitioner's other arguments.

Paul Cullen QC of Axiom Advocates acted for the Parole Board for Scotland. Anna Poole of Axiom Advocates acted for the Scottish Ministers.

Lord Turnbull's decision, Campbell, Petitioner [2008] CSOH 18, can be found at http://www.scotcourts.gov.uk/opinions/2008csoh16.html.