Lloyd, Application for Set Aside by the Secretary of State for Justice [2025] PBSA 71 (26 September 2025) [2025] PBSA 71
[1]This is an application by the Secretary of State for Justice (the Applicant) to set aside a decision to direct the release of Lloyd (the Respondent). The decision was made by a panel after a paper hearing on 3 September 2025. This is an eligible decision.[2]I have considered the application on the papers. These are the dossier, the paper decision, and the application for set aside. The Respondent was invited to make representations but has made none. Background[3]On 4 July 2024, the Respondent was sentenced to 28 months custody for the offence of attempted robbery.[4]The Respondent was aged 23 at the time of sentencing. He is now 25 years old.[5]He was automatically released on licence on 24 April 2025. His licence was revoked on 1 July 2025, he was returned to custody on 2 July 2025. This is his first recall on this sentence, and his first parole review since recall. Application for Set Aside[6]The application for set aside has been drafted and submitted by PPCS on behalf of the Applicant.[7]It submits that there has been a change in circumstances and new information.[8]The Applicant advises the Parole Board that the Respondent has been charged with further offences of rape and sexual assault. These offences were charged subsequent to the decision being issued. The Applicant therefore argues that the risk of sexual harm was an aspect of risk which was not available to be considered by the panel who directed release. This aspect of risk was also not considered when drafting the suggested Risk Management Plan. It is argued therefore that the direction for release would not have been made if the information that was not available to the panel when the direction was made had been available. It is also argued that there has been a change in circumstances and that the direction for release would not have been made if the change in circumstances had occurred before the direction was given. Current parole review[9]The Applicant's case was referred to the Parole Board by the Applicant to consider whether to direct the release of the Respondent.[10]The case proceeded to a paper hearing on 3 September 2025 before a single member panel. The panel member considered a dossier consisting of 160 pages. There were no representations by the Respondent.[11]The panel directed the Respondent's release. The Relevant Law[12]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.[13]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)).[14]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[15]The Respondent has offered no representations in response to this application . Discussion[16]It is argued by the Applicant that there has been a change in circumstances and new information.[17]The detail of that information is that since the panel decision the Respondent has been charged with offences of rape and sexual assault. The Respondent has been remanded into custody with a trial date set for February 2026. It is submitted by the Applicant that the fresh charges raise issues relating to risk which were not considered by the releasing panel and that the decision should be set aside and considered by a fresh panel at a later date.[18]The single-member in her decision indicated the following " the panel took into consideration that he was recalled as a result of concerns about substance misuse. There is nothing to suggest he committed a further offence."[19]It is clear therefore that the single-member was not appraised of the current allegations. I am therefore satisfied that new information has arisen and that the direction for release would not have been made if the information had been available to the panel. I am also satisfied that there has been a change in circumstances and that the direction for release would not have been made if the change in circumstances had occurred before the direction was given.[20]I am therefore satisfied that the criteria for setting aside this decision has been met and I therefore direct that the decision should be set aside.[21]It is clear that once the upcoming proceedings have been concluded the matter will have to be reconsidered by a parole board panel. Decision[22]The application for set aside is accepted. HH S Dawson 26 September 2025