Morris, R (on the application of) v The Parole Board & Anor [2020] EWHC 711 (Admin) (25 March 2020)

Morris, R (on the application of) v The Parole Board & Anor [2020] EWHC 711 (Admin) (25 March 2020)

The Parole Board did not act with procedural unfairness in considering the 2014 and 2017 allegations because there was some evidential basis for each; the Board was entitled to weigh these as part of its risk assessment, subject to fairness. The Guidance on Allegations is not unlawful as it does not require panels to rely on mere allegations and is consistent with established legal principles.

Citation
[2020] EWHC 711 (Admin)
Parties
Claimant: Andrew Royston Morris; First Defendant: The Parole Board; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Judicial Review / Final Judgment in Administrative Court
Outcome
Application for judicial review dismissed
Legal Topics
Parole Board Procedure, Procedural Fairness, Unproven Allegations, Article 5(4) ECHR, Risk Assessment, Judicial Review
Public Law Prison Law Human Rights Parole Board Procedure Procedural Fairness Unproven Allegations Article 5(4) ECHR Risk Assessment +1 more

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Parties

Andrew Royston Morris

Claimant

The Parole Board

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment in Administrative Court

Legal Issues

  1. 1 Whether the Parole Board acted with procedural unfairness by considering unproven allegations in refusing release
  2. 2 Whether the Parole Board's 'Guidance on Allegations' is unlawful

Ratio Decidendi

The Parole Board did not act with procedural unfairness in considering the 2014 and 2017 allegations because there was some evidential basis for each; the Board was entitled to weigh these as part of its risk assessment, subject to fairness. The Guidance on Allegations is not unlawful as it does not require panels to rely on mere allegations and is consistent with established legal principles.

Court Disposition

Application for judicial review dismissed

Orders

  • No re-hearing ordered
  • Guidance on Allegations held lawful