Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)

Chater, R (on the application of) v Parole Board & Anor [2011] EWCA Civ 360 (01 April 2011)

The Parole Board was entitled to rely on further risk assessments and the prisoner's response to interventions; the renewed application for leave to appeal fails as no arguable error of law was demonstrated.

Citation
[2011] EWCA Civ 360
Parties
Appellant: Alan Chater; Respondent: Parole Board; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
01 April 2011
Procedural Posture
Judicial Review / Renewed Application for Leave to Appeal
Outcome
Application refused
Legal Topics
Parole, Detention, Article 5 ECHR, Risk Assessment
Criminal Law Administrative Law Human Rights Parole Detention Article 5 ECHR Risk Assessment

Case Brief

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Parties

Alan Chater

Appellant

Parole Board

Respondent

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Parole Board applied the correct legal test for continued detention
  2. 2 Whether continued detention was lawful based on risk assessments

Ratio Decidendi

The Parole Board was entitled to rely on further risk assessments and the prisoner's response to interventions; the renewed application for leave to appeal fails as no arguable error of law was demonstrated.

Court Disposition

Application refused