Judgment in Brown v Parole Board for Scotland due next week

On appeal from the Court of Session (Scotland)

The issue here is the question whether the implied ancillary duty in Article 5 of the European Convention on Human Rights to facilitate rehabilitation and release apply to recalled extended sentence prisoners?

Mr Brown was convicted, by his own guilty plea, of culpable homicide in January 2006. He was aged 16 at the time of the offence. He was sentenced to an extended sentence of imprisonment of ten years, of which the custodial part was seven years and the extended part was three years.

He was released from prison on licence on 1 April 2010, having become automatically entitled to release as a result of having served two thirds of the custodial element of his sentence.

On 28 September 2010, Mr Brown’s licence was revoked after he stole a car. He was sentenced to 40 days’ imprisonment in respect of the new offence, to run concurrently with the extended sentence in respect of which he had been recalled to prison. His case was referred to the Parole Board for Scotland for review by the Extended Sentence Prisoner Tribunal (“ESPT”).

On 8 December 2010, the ESPT decided not to direct his release on the basis that he continued to pose a risk of serious harm to the public. At each subsequent regular review of Mr Brown’s case, the ESPT declined to direct his release. He was eventually released from prison on 4 August 2015, on the expiry of his sentence. Mr Brown contends that during the period of recall, he was not provided with a reasonable opportunity for rehabilitation enabling him to demonstrate that he was no longer a danger to the public.

More details at: https://www.supremecourt.uk/cases/uksc-2016-0079.html