AUDI JOHNSON (R on the application of) v PAROLE BOARD FOR ENGLAND AND WALES & Anor

AUDI JOHNSON (R on the application of) v PAROLE BOARD FOR ENGLAND AND WALES & Anor

The Parole Board has no continuity of power to re-fix a release date for a person’s release on licence after it has already fixed such a date under section 256(1)(a) of the Criminal Justice Act 2003; the statutory scheme and the doctrine of functus officio preclude reopening the decision, except to the extent that the decision is provisional and subject to reconsideration under the Parole Board Rules.

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
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

Case Brief

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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

Legal Issues

  1. 1 Does the Parole Board have the power to re-fix a release date after having already fixed it under section 256(1)(a) of the Criminal Justice Act 2003?
  2. 2 Does section 12(1) of the Interpretation Act 1978 imply a continuity of power for the Parole Board to revisit its decision?
  3. 3 What is the effect of the functus officio doctrine in the context of parole decisions?

Ratio Decidendi

The Parole Board has no continuity of power to re-fix a release date for a person’s release on licence after it has already fixed such a date under section 256(1)(a) of the Criminal Justice Act 2003; the statutory scheme and the doctrine of functus officio preclude reopening the decision, except to the extent that the decision is provisional and subject to reconsideration under the Parole Board Rules.

Court Disposition

Claim allowed

Orders

  • Declaration that the Parole Board has no power to re-fix a release date after fixing it under section 256(1)(a) of the Criminal Justice Act 2003