Blackett, R (on the application of) v HMP Risley & Ors [2007] EWHC 2283 (Admin) (24 September 2007)

Blackett, R (on the application of) v HMP Risley & Ors [2007] EWHC 2283 (Admin) (24 September 2007)

The balance of prejudice favours maintaining the challenged licence condition temporarily, despite its procedural unlawfulness, due to indications of serious risk to the public and the short period before reconsideration. The decision will be quashed as from the date of the fresh decision after proper process.

Citation
[2007] EWHC 2283 (Admin)
Parties
Claimant: Wesley Blackett; 1st Defendant: Governor of HMP Risley; 2nd Defendant: Probation Service; 3rd Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
24 September 2007
Procedural Posture
Judicial Review / Interim Relief Pending Reconsideration of Parole Board Decision
Outcome
Interim order: challenged condition to remain until reconsideration; decision to be quashed from date of fresh decision; timetable for reconsideration set; costs to claimant against 1st and 2nd defendants; detailed assessment of publicly funded costs ordered.
Legal Topics
Judicial Review, Parole Board Decisions, Licence Conditions, Procedural Fairness
Public Law Prison Law Judicial Review Parole Board Decisions Licence Conditions Procedural Fairness

Case Brief

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Parties

Wesley Blackett

Claimant

Governor of HMP Risley

1st Defendant

Probation Service

2nd Defendant

Parole Board

3rd Defendant

Procedural Posture

Judicial Review / Interim Relief Pending Reconsideration of Parole Board Decision

Legal Issues

  1. 1 Whether the Parole Board's decision to impose a residence condition was unlawful due to lack of notice and reasons to the claimant
  2. 2 What interim order should be made pending reconsideration

Ratio Decidendi

The balance of prejudice favours maintaining the challenged licence condition temporarily, despite its procedural unlawfulness, due to indications of serious risk to the public and the short period before reconsideration. The decision will be quashed as from the date of the fresh decision after proper process.

Court Disposition

Interim order: challenged condition to remain until reconsideration; decision to be quashed from date of fresh decision; timetable for reconsideration set; costs to claimant against 1st and 2nd defendants; detailed assessment of publicly funded costs ordered.

Orders

  • Decision of 22 August 2007 imposing the challenged residence condition to be quashed as from the date of the fresh decision by the Parole Board.
  • Probation Service to submit paperwork within four working days (by 28 September).