Rabey, Application for Reconsideration

    This is an application by Rabey (the Applicant) for reconsideration of a decision of a Member Case Assessment decision dated 30 January 2023 not to direct release or to recommend transfer to open conditions. The MCA was concluded on the papers. Following this decision, the Applicant�s legal representatives submitted representations against recall. These were considered by a Duty Member on 10 March 2023, who did not grant the request for an oral hearing.

    Rule 28(1) of the Parole Board Rules 2019 (as amended by the Parole Board (Amendment) Rules 2022) (the Parole Board Rules) provides that applications for reconsideration may be made in eligible cases (as set out in rule 28(2)) either on the basis (a) that the decision contains an error of law, (b) that it is irrational and/or (c) that it is procedurally unfair.

    I have considered the application on the papers. These are the application, further representations from the Applicant following my request, the dossier, the MCA decision and the Duty Member decision. I have also considered a response to the application from the Secretary of State.

    The Applicant is serving a sentence of imprisonment for public protection (IPP) for the offence of wounding with intent to cause grievous bodily harm (GBH). He is post tariff and has been released and recalled on 4 occasions. This review is in relation to the most recent recall.

Essentially, the application indicates that the MCA, in deciding not to release or progress the Applicant and not to direct release, ignored relevant information in the dossier or was incorrect in interpreting information in the dossier.