Johnson, R (On the Application Of) v Parole Board for England and Wales & Anor [2022] EWHC 1026 (Admin) (04 May 2022)

Johnson, R (On the Application Of) v Parole Board for England and Wales & Anor [2022] EWHC 1026 (Admin) (04 May 2022)

The Parole Board is functus officio after fixing a release date under section 256(1)(a) Criminal Justice Act 2003; it has no statutory power to re-fix the date, as the statutory scheme and rules indicate finality once the Board determines the reference by fixing a date. Section 12(1) Interpretation Act 1978 does not imply a continuity of power in this context, as contrary intention appears from the statutory provisions and rules.

Citation
[2022] EWHC 1026 (Admin)
Parties
Claimant: Audi Johnson; First Defendant: Parole Board for England and Wales; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
04 May 2022
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Parole Board Powers, Functus Officio, Release on Licence, Statutory Interpretation
Administrative Law Criminal Law Parole Board Powers Functus Officio Release on Licence Statutory Interpretation

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Parties

Audi Johnson

Claimant

Parole Board for England and Wales

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Does the Parole Board have power to re-fix a release date after fixing it under section 256(1)(a) Criminal Justice Act 2003?
  2. 2 Is the Board functus officio after fixing a release date?
  3. 3 Does section 12(1) Interpretation Act 1978 imply a continuity of power for the Board to revisit release dates?

Ratio Decidendi

The Parole Board is functus officio after fixing a release date under section 256(1)(a) Criminal Justice Act 2003; it has no statutory power to re-fix the date, as the statutory scheme and rules indicate finality once the Board determines the reference by fixing a date. Section 12(1) Interpretation Act 1978 does not imply a continuity of power in this context, as contrary intention appears from the statutory provisions and rules.

Court Disposition

Claim allowed

Orders

  • Declaration that the Parole Board had no power to re-fix the release date after fixing it under section 256(1)(a) Criminal Justice Act 2003
  • Further directions to be given if claimant successful