Chester, R (on the application of) v Parole Board & Anor [2008] EWHC 1318 (Admin) (16 May 2008)

Chester, R (on the application of) v Parole Board & Anor [2008] EWHC 1318 (Admin) (16 May 2008)

The Board and Lifer Manager did not unlawfully rely exclusively on participation in the Extended Sex Offender Treatment Programme; their decisions were based on a genuine assessment of all relevant material, including the claimant's reasons for non-participation. There was no arguable case that the decisions were irrational, unfair, or in breach of domestic law or the Convention.

Citation
[2008] EWHC 1318 (Admin)
Parties
Claimant: Chester; First Defendant: The Parole Board; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
16 May 2008
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
Permission to apply for judicial review refused
Legal Topics
Parole Board Decisions, Risk Assessment, Recategorisation, Article 5 ECHR, Article 3 ECHR, Sex Offender Treatment Programme
Prison Law Administrative Law Human Rights Parole Board Decisions Risk Assessment Recategorisation Article 5 ECHR Article 3 ECHR +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Chester

Claimant

The Parole Board

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Parole Board and Lifer Manager unlawfully relied exclusively on participation in the Extended Sex Offender Treatment Programme to assess risk and deny release or recategorisation
  2. 2 Whether such reliance breached Article 5 and Article 3 of the European Convention on Human Rights
  3. 3 Whether the decisions failed to consider all relevant material and reasons for non-participation

Ratio Decidendi

The Board and Lifer Manager did not unlawfully rely exclusively on participation in the Extended Sex Offender Treatment Programme; their decisions were based on a genuine assessment of all relevant material, including the claimant's reasons for non-participation. There was no arguable case that the decisions were irrational, unfair, or in breach of domestic law or the Convention.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Transcript of judgment to be made at public expense