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The ruling determined that the refusal to grant Anderson’s request was based on erroneous information regarding the level of risk he posed. This decision was made by the duty governor at Maghaberry Prison. In his ruling, Mr Justice Rooney highlighted that an internal evaluation of Anderson’s likelihood to reoffend had been documented as higher than the score actually recorded in the Prison Service’s internal system.
A representative from the Prison Service informed the court that the elevated risk score originated from a colleague rather than the duty governor’s direct knowledge. When the official system was reviewed, Anderson’s risk rating was found to be 27, which corresponds to a medium risk of reoffending, as opposed to the 32 recorded in the decision letter, which indicated a high risk.
The judge remarked that the duty governor had “clearly took account of this incorrect information” when making the judgment about risk and deciding if the refusal was proportionate. There remains uncertainty about what occurred after the judge overturned the original decision. According to the ruling, the judge invited the duty governor to reconsider the matter, but this invitation was declined.
The judge found the refusal to re-examine the decision “somewhat surprising” and subsequently granted Anderson temporary release under several conditions. He concluded that the Prison Service’s original decision was “flawed” because it considered “irrelevant and incorrect factors” and ruled that the failure to obtain and consider the correct risk assessment was unlawful
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