Chater, R (on the application of) v Secretary of State for Justice & Anor

Chater, R (on the application of) v Secretary of State for Justice & Anor

Although the Parole Board misstated the legal test in its decision letter, its overall approach and conclusion that the claimant's risk could not be managed in the community was lawful and consistent with statutory requirements and binding case law; therefore, the decision not to release the claimant stands and the claim is dismissed.

Parties
Claimant: Chater; First Defendant: Secretary of State for Justice; Second Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
02 August 2010
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Parole, Recall to Prison, Article 5(4) ECHR, Judicial Review, Extended Sentences
Criminal Law Human Rights Law Administrative Law Parole Recall to Prison Article 5(4) ECHR Judicial Review Extended Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Chater

Claimant

Secretary of State for Justice

First Defendant

The Parole Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board breached Article 5(4) ECHR by delay in holding an oral hearing after recall to prison
  2. 2 Whether the Parole Board applied the correct legal test in refusing to direct the claimant's release after recall
  3. 3 Whether the Parole Board's decision should be quashed due to misstatement of the legal test

Ratio Decidendi

Although the Parole Board misstated the legal test in its decision letter, its overall approach and conclusion that the claimant's risk could not be managed in the community was lawful and consistent with statutory requirements and binding case law; therefore, the decision not to release the claimant stands and the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Costs order in favour of the defendants from 12 February 2010, not to be enforced without leave due to claimant's publicly funded status