Rigby, R (on the application of) v Secretary Of State For Home Department & Anor [2001] EWCA Civ 1379 (24 August 2001)

Rigby, R (on the application of) v Secretary Of State For Home Department & Anor [2001] EWCA Civ 1379 (24 August 2001)

On the facts, the Parole Board had clear evidence of an unacceptable risk due to the applicant's breach of licence conditions, and no reasonable Parole Board could have failed to find the risk unacceptable. The language used ('potential risk') did not affect the substantive finding. The application for permission...

Source-derived case information.

Citation
[2001] EWCA Civ 1379
Parties
Claimant/applicant: Charles Harold Rigby; Defendant/respondent: Secretary of State for the Home Department; Defendant/respondent: The Parole Board
Jurisdiction
England and Wales
Judgment Date
24 August 2001
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review (appeal From Refusal by Administrative Court)
Outcome
Application for permission to apply for judicial review refused.
Legal Topics
Judicial Review of Parole Board Decisions, Proportionality Vs Rationality in Administrative Decisions, Human Rights Act 1998 Section 6, Recall of Parolees, Fundamental Rights of Prisoners
Public Law Human Rights Law Criminal Law Judicial Review of Parole Board Decisions Proportionality Vs Rationality in Administrative Decisions Human Rights Act 1998 Section 6 Recall of Parolees Fundamental Rights of Prisoners

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Summary, issues, holding and outcome

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Parties

Charles Harold Rigby

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

The Parole Board

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review (appeal From Refusal by Administrative Court)

Legal Issues

  1. 1 Whether the Parole Board's decision to recall the applicant was disproportionate or irrational under the Human Rights Act 1998 and the principles in R (Daly) v Home Secretary
  2. 2 Whether the use of the phrase 'potential risk of offending' by the Parole Board invalidated its reasoning

Ratio Decidendi

On the facts, the Parole Board had clear evidence of an unacceptable risk due to the applicant's breach of licence conditions, and no reasonable Parole Board could have failed to find the risk unacceptable. The language used ('potential risk') did not affect the substantive finding. The application for permission was therefore refused.

Court Disposition

Application for permission to apply for judicial review refused.

Orders

  • Application refused.
  • Detailed Assessment.