Yates, Application for Set Aside [2025] PBSA 82 (14 November 2025) [2025] PBSA 82
[1]This is an application by Yates (the Applicant) to set aside the decision not to direct his release. The decision was made by a panel after a paper consideration on 26 August 2025. This is an eligible decision.[2]I have considered the application on the papers. These are the dossier, the paper decision of 26 August 2025 and the application for set aside dated 20 October 2025. Background[3]On 10 July 2019, the Applicant received a determinate sentence of seven years imprisonment following his guilty pleas to dwelling burglaries and thefts. A number of further burglaries were taken into account on sentencing.[4]The Applicant was aged 25 at the time of sentencing. He is now 31 years old.[5]He was automatically released on licence on 16 August 2022. His licence was revoked on 22 May 2024, and he was returned to custody 10 months later in March 2025.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 ABR Solicitors on behalf of the Applicant.[7]It submits that there has been an error of fact in the panel’s consideration and that there has been a change in circumstances.[8]The submission is supplemented by written arguments to which reference will be made in the Discussion section below. Current parole review[9]The Applicant’s case was referred to the Parole Board by the Secretary of State (the Respondent) to consider whether or not it would be appropriate to direct his release.[10]The case proceeded to consideration on the papers. The panel did not direct the Applicant’s release. The Relevant Law 11.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.[12]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)). 13.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[14]The Respondent has offered no representations in response to this application . Discussion Error of Fact[15]The ground argues that there was an error of fact in that the MCA decision cited that “the sentence expiry date (SED) is in less than 20 weeks so there is insufficient time to list an Oral Hearing” whereas the amended SED is in December 2026 and there would therefore have been sufficient time for an oral hearing to be directed.[16]The Applicant has confused the decision letter and the Duty Member directions. Nowhere in the panel decision is it said that there are less than 20 weeks to the sentence expiry date. The panel was aware of the amended release date in the light of the Applicant having been unlawfully at large for approximately 10 months following recall. Even if the panel had been wrong about the amended release date it would not have made a difference to the decision in which the reasons for not directing an oral hearing do not include the imminence of the release date.[17]In so far as the Duty Member may have been mistaken about the release date, it made no difference to the decision which had already been given and in addition there is no appeal against the duty member’s decision. This ground for set aside cannot succeed. Change of Circumstances[18]The grounds argue that there has been a change in circumstances as the Applicant was released from investigation and the panel should have waited for the result of the police enquiry which came within 8-10 weeks of the decision.[19]A change of circumstances is not an acceptable ground for a set aside application where the decision was not a release decision.[20]In any case, the panel was not obliged to await the outcome of the new allegations being investigated by the police. As the panel did not attach weight to those matters the Applicant was not prejudiced by the panel not awaiting their outcome. Of greater concern, and affecting its conclusion, was the evidence that the Applicant had offended whilst unlawfully at large on licence and had been sentenced to six weeks imprisonment. The non-prosecution of the further matters would not have altered the panel’s conclusion which was based on other reasons. Those other reasons included his risk factors, the insufficiency of his internal controls, his honesty and openness, his motivation and his lengthy period of unlawful absence as well as his further offending. The non-prosecution of the further matters could not have undermined the many other concerns the panel identified.[21]This ground cannot succeed in any event for the reason set out in paragraph 19 above. Too much weight placed on new conviction and oral hearing denied.[22]This ground seeks to repeat matters raised in the other grounds and for the reasons given cannot succeed even when repeated differently. It is a matter for the panel to determine the weight given to evidence. There is nothing in this ground which engages the set aside procedure and therefore it cannot succeed. Decision[23]The application for set aside is refused. Barbara Mensah 14 November 2025