Brooke & Ors , R (on the application of) v The Parole Board & Anor

Brooke & Ors , R (on the application of) v The Parole Board & Anor

The relationship between the Parole Board and its sponsoring Department, including the Secretary of State's interventions in appointments, directions, and funding, created an objective appearance of lack of independence, incompatible with the requirements of Article 5(4) ECHR and common law. The Board must be, and be seen to be, free from executive influence in its judicial functions. The Divisional Court's declaration was justified and the appeal is dismissed.

Parties
Respondents: The Queen on the application of Michael Brooke and Gagik Ter-Ogannisyan, David O’Connell, Michael Murphy; 1st Appellant: The Parole Board; 2nd Appellant: The Lord Chancellor and Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Appeal / Judgment on Appeal From Divisional Court
Outcome
Appeal dismissed
Legal Topics
Judicial Independence, Parole Board, Article 5(4) ECHR, Sponsorship of Public Bodies, Security of Tenure, Appointment of Tribunal Members
Constitutional Law Administrative Law Human Rights Law Criminal Law Judicial Independence Parole Board Article 5(4) ECHR Sponsorship of Public Bodies +2 more

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Parties

The Queen on the application of Michael Brooke and Gagik Ter-Ogannisyan, David O’Connell, Michael Murphy

Respondents

The Parole Board

1st Appellant

The Lord Chancellor and Secretary of State for Justice

2nd Appellant

Procedural Posture

Appeal / Judgment on Appeal From Divisional Court

Legal Issues

  1. 1 Whether the Parole Board demonstrates the independence and impartiality required of a 'court' under Article 5(4) ECHR and common law
  2. 2 Whether the relationship between the Parole Board and its sponsoring Department undermines its independence
  3. 3 Whether the appointment, tenure, funding, and directions mechanisms compromise the Board's independence

Ratio Decidendi

The relationship between the Parole Board and its sponsoring Department, including the Secretary of State's interventions in appointments, directions, and funding, created an objective appearance of lack of independence, incompatible with the requirements of Article 5(4) ECHR and common law. The Board must be, and be seen to be, free from executive influence in its judicial functions. The Divisional Court's declaration was justified and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Declaration of the Divisional Court affirmed: the Parole Board does not meet the requirements of the common law and Article 5(4) ECHR for objective independence from the executive and the parties.
  • Guidance provided on areas requiring reform: directions, appointment, tenure, and sponsorship arrangements.