Darren Hewitson, R (on the application of) v Parole Board for England and Wales

Facts

Darren Hewitson was sentenced on 8 March 2008 to imprisonment for public protection with a minimum term of four years expiring on 28 March 2012, and is also subject to concurrent IPP sentences imposed on 10 October 2008, with a minimum term of 39 months, and on 21 October 2011, with a minimum term of 40 months. He has never been released, has spent just over 18 years in custody and more than 11 years beyond the expiry of the minimum term for his most recent sentence. Although held in Scotland, he remains subject to the jurisdiction of the Parole Board for England and Wales. By a provisional decision dated 13 January 2026, taken on the papers when he was unrepresented and had made no representations, a single member panel declined to direct release or recommend open conditions, citing the assessed level of risk, insufficient evidence of risk reduction and concerns about compliance with the risk management plan. Newly instructed solicitors submitted detailed representations on 9 February 2026 requesting an oral hearing, and a duty member refused that request by a decision dated 26 February 2026. Following a letter before action of 20 March 2026, the claimant issued judicial review proceedings by claim form dated 1 May 2026; permission was granted on both grounds by Mr Pilgerstorfer KC on 29 June 2026. The Parole Board, remaining neutral, did not attend.