Parole Board Challenges

Taylor & Kelly represent prisoners in proceedings before the Parole Board for Scotland in connection with life prisoner tribunal’s, extended sentence prisoner tribunals.

Taylor & Kelly have been successful in judicial review proceedings against the Parole Board for Scotland.

Jason Gallagher v Parole Board for Scotland [2005] CSOH 126 concerned a challenge to a refusal of parole based upon undisclosed intelligence reports from within the prison estate. Lord MacPhail held that the Board should have enquired further, possibly innovating as the Board had in England. This issue, although dealt with by the House of Lords in England: Roberts had been untouched in Scotland.

Alexander Birrell v Parole Board for Scotland [2007] SLT 440 A petitioner sought to challenge the refusal to grant parole on the basis that the evidence was unsatisfactory before the Parole Board in that it consisted of hearsay and fairness dictated that it should be tested at source.

Campbell v Parole Board for Scotland [2008] CSOH 16,  2008 S.L.T. 231 was a successful challenge to a decision of the parole board on the basis that fairness dictated that an oral hearing should have been convened to hear directly from the prisoner.

As a result of our work Taylor & Kelly are proud to have been instrumental in challenging accepted practices throughout the prison estate in Scotland.  In particular the practices in Scottish prisons of slopping out and of segregation.