Terra Firma Chambers' Fred Mackintosh QC recently appeared in the Inner House of the Court of Session in a successful appeal against the refusal to grant permission for a judicial review of a decision by the Parole Board.  The appeal was heard by the Extra Division of Lord Malcolm, Lord Woolman and Lord Doherty.  

In Andrew Brown v The Parole Board of Scotland the issues turned on the extent to which the Parole Board should apply the principle ‘anxious scrutiny’ to the question of whether to order the release of a life sentence prisoner who had served many years over his punishment part.

In the opinion of the Court, Lord Malcom observed: “While a cautious approach is appropriate when public protection is in issue, as time passes it is not only legitimate but necessary for there to be appropriate appreciation of the impact of confinement well beyond tariff. The decision-maker should ensure that it is apparent that this approach has been adopted and its reasoning should provide clarity as to why confinement remains necessary in the public interest” (para. 37).

The opinion of the court can be found by following the link above.