Facey, Application to Set Aside, [2025] PBSA 98 (22 December 2025) [2025] PBSA 98
[1]This is an application by the Secretary of State (the Applicant) to set aside the decision to direct Mr Facey's (the Respondent's) release. The decision was made by a panel after an oral hearing on 8 September 2025. The decision is dated 10 September 2025. This is an eligible application.[2]I have considered the application on the papers. These are the dossier, the oral hearing decision dated 10 September 2025, and the application for set aside which is undated. Background[3]On 2 November 2018, the Respondent was convicted after trial for the offences of wounding with intent to cause grievous bodily harm and conspiracy to pervert the course of justice. He was sentenced to an extended sentence of imprisonment comprising of a custodial period of 14 years and an extension period of three years. His parole eligibility date is August 2027.[4]The Applicant was aged 33 at the time of sentencing. He was aged 40 at the time of the panel decision.[5]This application arises because there was a miscalculation of the Respondent's parole eligibility date. The oral hearing panel therefore proceeded on the basis that the Respondent was eligible for parole when he was in fact not eligible. Application for Set Aside[6]The application for set aside has been drafted and submitted by the Applicant.[7]It submits that there has been new information. The new information is that the Respondent is not eligible for parole until 2027 and therefore the Parole Board had no power to direct his release. As noted above this situation arose because of a miscalculation by the Applicant which led the Parole Board panel to believe that the Respondent was eligible for parole. Current parole review[8]The Respondent's case was referred to the Parole Board by the Applicant to consider whether to direct release.[9]The case proceeded to an oral hearing on 8 September 2025 before a three member panel, which included a psychologist member. The panel heard evidence from the Respondent, his Prison Offender Manager ( POM ), his Community Offender Manager ( COM ), and an HMPPS psychologist. The Respondent was legally represented throughout the hearing.[10]The panel directed the Respondent's release. The Relevant Law[11]Rule 28A(1)(a) of the Parole Board Rules 2019 (as amended by the Parole Board (Amendment) Rules 2025) (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 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 would not have been given if information that had not been available to the Board had been available, or b) 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[15]It is argued by the Applicant that there has been new information. Namely that the panel were given erroneous information about the Respondent's eligibility for parole. It is clear that if the panel were aware of the fact that they had no power to direct release and that the Respondent was not eligible for parole the direction for release would not have been given. It is also clear that it is in the interests of justice that I set aside this decision on the basis that there is no legal authority to direct release. Decision[16]The application for set aside is granted. HH Stephen Dawson 22 December 2025