The Act creates powers to enable the Secretary of State, if they so decide, to review any case in which the Parole Board has decided to release a top tier prisoner and refer it to the High Court for a second check.
	If the Parole Board determines that a top tier prisoner presents no more than a minimal risk of committing a serious offence on release and is, therefore, eligible for release, it must notify the Secretary of State of its decision.
	The measures will provide that, where the Board have directed the release of a prisoner who has committed a top-tier offence, the Secretary of State may direct the Board to refer the case to the High Court to retake the decision. The Secretary of State may only refer a case if they consider that the release of the offender would likely undermine public confidence in the parole system and that the High Court might find that the release test has not been met. The Secretary of State may direct such a referral without first asking the Board to reconsider, or set aside, its decision.
	On referral at the Secretary of State’s request, the Secretary of State is not required to give effect to the Parole Board direction for release until the High Court has determined whether to uphold the direction or to quash it. The High Court is required to apply the same release test as the Parole Board and to make a decision as to level of risk the prisoner may pose to public safety if released. The High Court must not release the prisoner unless satisfied that their imprisonment is no longer necessary for public protection: i.e., that the prisoner presents no more than minimal risk of committing an offence that would cause serious harm if released on licence.
Infected Blood Compensation Body Secretary of State’s powers