Henry, R (on the application of) v Parole Board & Anor [2004] EWHC 784 (Admin) (25 March 2004)

Henry, R (on the application of) v Parole Board & Anor [2004] EWHC 784 (Admin) (25 March 2004)

The Parole Board was entitled to conclude, based on unanimous reports and the claimant's conduct, that the risk to the public remained too high for release; the issue of burden of proof was irrelevant in this non-borderline case; section 28(6)(b) is not incompatible with Article 5 ECHR.

Citation
[2004] EWHC 784 (Admin)
Parties
Claimant: Sean Henry; First Defendant: The Parole Board; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 March 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Parole, Burden of Proof, Article 5 ECHR, Life Sentences, Risk Assessment
Criminal Law Human Rights Administrative Law Parole Burden of Proof Article 5 ECHR Life Sentences Risk Assessment

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Parties

Sean Henry

Claimant

The Parole Board

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board erred in placing the burden of proof on the claimant for release
  2. 2 Compatibility of section 28(6)(b) Crime (Sentences) Act 1997 with Article 5 ECHR

Ratio Decidendi

The Parole Board was entitled to conclude, based on unanimous reports and the claimant's conduct, that the risk to the public remained too high for release; the issue of burden of proof was irrelevant in this non-borderline case; section 28(6)(b) is not incompatible with Article 5 ECHR.

Court Disposition

Application dismissed

Orders

  • Legal aid detailed assessment granted