Brooks, R (on the application of) v Parole Board & Anor [2003] EWHC 1458 (Admin) (11 June 2003)

Brooks, R (on the application of) v Parole Board & Anor [2003] EWHC 1458 (Admin) (11 June 2003)

The Parole Board is entitled to rely on hearsay evidence, even if untested by cross-examination, provided it carefully assesses the quality and weight of such evidence and is satisfied that the statutory criteria for detention are met. The inability to cross-examine a witness does not automatically render the procedure unfair, especially where the witness is unwilling to attend and the claimant did not request a witness summons. The Board's decision was rationally supported by the evidence and was not unfair or unlawful.

Citation
[2003] EWHC 1458 (Admin)
Parties
Claimant: William Brooks; First Defendant: The Parole Board; Second Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 June 2003
Procedural Posture
Judicial Review / High Court Judgment on Application for Review
Outcome
Application dismissed
Legal Topics
Parole Board Procedure, Hearsay Evidence, Article 5(4) ECHR, Fair Hearing, Recall of Life Sentence Prisoner
Public Law Criminal Law Human Rights Parole Board Procedure Hearsay Evidence Article 5(4) ECHR Fair Hearing Recall of Life Sentence Prisoner

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 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

William Brooks

Claimant

The Parole Board

First Defendant

The Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment on Application for Review

Legal Issues

  1. 1 Whether the Parole Board acted unlawfully in considering hearsay allegations of rape against the claimant without cross-examination of the complainant
  2. 2 Whether the procedure adopted by the Parole Board violated the claimant's right to a fair hearing under Article 5(4) ECHR and common law
  3. 3 Whether the Board should have compelled the attendance of the complainant as a witness

Ratio Decidendi

The Parole Board is entitled to rely on hearsay evidence, even if untested by cross-examination, provided it carefully assesses the quality and weight of such evidence and is satisfied that the statutory criteria for detention are met. The inability to cross-examine a witness does not automatically render the procedure unfair, especially where the witness is unwilling to attend and the claimant did not request a witness summons. The Board's decision was rationally supported by the evidence and was not unfair or unlawful.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Leave to appeal not granted by the High Court; Court of Appeal to consider whether to grant leave and link with Sim case