Home / Cases / R (Secretary of State for Justice) v Parole Board

R (Secretary of State for Justice) v Parole Board


[2022] EWHC 1282 (Admin)
Dates of case

Leading case on the statutory “public protection” test, to be applied by the Parole Board when considering whether to direct the release of a prisoner. Nicholas Chapman acted for the Parole Board.

The Divisional Court confirmed that the statutory test does not involve a balancing exercise but, rather, requires a binary assessment of whether release would result in a more than minimal risk of harm to the public.  It also held that there is no temporal limitation on the period of risk which the Board is tasked with assessing.

The case was only the second in which the Secretary of State for Justice has applied for judicial review of a decision of the Parole Board.

The judgment can be viewed here.

Related Barristers

Environmental Law
Health & Safety
Public Law

Nicholas Chapman

Call 2001

Read more

Related Practice Areas

Public Law



Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)