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

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

The Parole Board was entitled to refuse release based on further risk assessments and the appellant's response to interventions in custody; the submission that more tangible evidence is required beyond further assessment is not arguable.

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 / Application for Leave to Appeal (renewed Oral Application)
Outcome
renewed application for leave to appeal refused
Legal Topics
Parole, Extended Sentence, Risk Assessment, Judicial Review, Continued Detention, Article 5 ECHR
Criminal Law Public Law Prison Law Parole Extended Sentence Risk Assessment Judicial Review Continued Detention +1 more

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Parties

Alan Chater

Appellant

Parole Board

Respondent

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Application for Leave to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether the Parole Board applied the correct legal test for continued detention of the appellant.
  2. 2 Whether continued detention can be based on the same or similar material as the sentencing judge relied upon.
  3. 3 Whether a further risk assessment alone is sufficient to justify continued detention.

Ratio Decidendi

The Parole Board was entitled to refuse release based on further risk assessments and the appellant's response to interventions in custody; the submission that more tangible evidence is required beyond further assessment is not arguable.

Court Disposition

renewed application for leave to appeal refused