Scottish Human Rights Law Group

The Lord Ordinary, Lord McEwan, rejected a challenge to the decision of the Parole Board not to direct the release of a mandatory life prisoner nearing the end of the punishment part of his sentence. He held that while there was a duty both at common law and by virtue of Article 5(4) for the Parole Board to act in a fair manner in coming to its decision, there was no absolute theoretical standard of fairness and that rather it was fairness to all involved in the process that was the relevant consideration.   

There was no general rule against hearsay and it was for the board to assess what weight it should give to any evidence before it. He emphasised that the risk assessment exercise carried out by the Parole Board there was no burden of proof on any party.  The proceedings before the Board were not properly to be understood as adversarial and he noted that a refusal by the Board to order release was not to be seen as the Board imposing penalty.