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The Supreme Court held that whilst it is preferable that findings of fact are made by the Parole Board, where it is not able to do so, either because there is insufficient material before it, or such a finding may prejudice a pending prosecution, the Board may still take that allegation into account and give it such weight as it considers appropriate in a holistic assessment. In such circumstances, the prisoner should be given the opportunity to assert their position and to argue that no or very little account should be taken of it. An oral hearing may be required if the allegation is likely to be material to the risk assessment exercise.
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