Zenshen v Parole Board: High Court upholds release decision

Eady J has dismissed a judicial review challenge brought by the Secretary of State for Justice to the Parole Board’s decision to direct the release of a life sentence prisoner in Zenshen v Parole Board [2026] EWHC 1382 (Admin). The case is notable as one of the very few occasions on which the Secretary of State has sought to challenge a Parole Board release decision by way of judicial review, and is among the first to consider the new referral power introduced by the Victims and Prisoners Act 2024. The Parole Board adopted its usual neutral position in the proceedings, consistent with the caselaw in this area.

In rejecting the challenge, the Court reaffirmed the stringent threshold applicable to rationality challenges to Parole Board decisions and emphasised the considerable weight to be afforded to the Board’s specialist expertise in assessing risk and public protection. The judgment provides important guidance on the relationship between judicial review and the new statutory referral mechanism, while reinforcing the limited role of the courts in reviewing the Board’s evaluative risk assessments.

Natasha Jackson appeared for the Parole Board.