Pearce, R (On the Application Of) v Parole Board of England and Wales & Anor [2022] EWCA Civ 4 (14 January 2022)

Pearce, R (On the Application Of) v Parole Board of England and Wales & Anor [2022] EWCA Civ 4 (14 January 2022)

The Parole Board's Guidance is unlawful insofar as it permits panels to assess risk based on unproven allegations without established facts; risk assessments must be grounded in facts found on the balance of probabilities. However, on the facts of this case, the Board did make sufficient findings of fact to justify its decision, so the appeal is dismissed.

Citation
[2022] EWCA Civ 4
Parties
Claimant/appellant: Dean Pearce; Defendant/respondent: The Parole Board of England and Wales; Defendant/respondent: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
14 January 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Parole Board Guidance, Judicial Review, Use of Unproven Allegations, Risk Assessment, Article 5(4) ECHR, Fairness in Parole Proceedings
Public Law Criminal Law Human Rights Parole Board Guidance Judicial Review Use of Unproven Allegations Risk Assessment Article 5(4) ECHR +1 more

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Parties

Dean Pearce

Claimant/appellant

The Parole Board of England and Wales

Defendant/respondent

The Secretary of State for Justice

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the Parole Board's Guidance on Allegations is lawful in permitting panels to consider unproven allegations in risk assessments
  2. 2 Whether such consideration is compatible with common law fairness and Article 5(4) ECHR

Ratio Decidendi

The Parole Board's Guidance is unlawful insofar as it permits panels to assess risk based on unproven allegations without established facts; risk assessments must be grounded in facts found on the balance of probabilities. However, on the facts of this case, the Board did make sufficient findings of fact to justify its decision, so the appeal is dismissed.

Court Disposition

Appeal dismissed