Morris, R (on the application of) v The Parole Board & Anor

Morris, R (on the application of) v The Parole Board & Anor

The Parole Board's refusal to direct release was not procedurally unfair as it was entitled to consider the 2014 and 2017 allegations, which had some evidential basis, as part of its risk assessment. The Board acted within its powers and followed a fair procedure. The Guidance on Allegations is not unlawful as it aligns with established legal principles and does not require the Board to rely on mere allegations without factual basis.

Parties
Claimant: Andrew Royston Morris; First Defendant: The Parole Board; Second Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Parole Board Procedure, Procedural Fairness, Unproven Allegations, Risk Assessment, Judicial Review
Public Law Criminal Law Human Rights Parole Board Procedure Procedural Fairness Unproven Allegations Risk Assessment Judicial Review

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Parties

Andrew Royston Morris

Claimant

The Parole Board

First Defendant

The Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to direct release was procedurally unfair due to reliance on unproven allegations
  2. 2 Whether the Parole Board's 'Guidance on Allegations' is unlawful

Ratio Decidendi

The Parole Board's refusal to direct release was not procedurally unfair as it was entitled to consider the 2014 and 2017 allegations, which had some evidential basis, as part of its risk assessment. The Board acted within its powers and followed a fair procedure. The Guidance on Allegations is not unlawful as it aligns with established legal principles and does not require the Board to rely on mere allegations without factual basis.

Court Disposition

Application for judicial review dismissed