Cornforth, Application for Reconsideration by, [2020] PBRA 128 (15 September 2020)

Cornforth, Application for Reconsideration by, [2020] PBRA 128 (15 September 2020)

The panel acted outside the Parole Board’s Guidance on Allegations by making a finding of fact without a reasonably sufficient body of evidence, resulting in procedural unfairness. As this finding was pivotal to the decision not to release the Applicant, the overall decision was procedurally unfair and must be reconsidered.

Citation
[2020] PBRA 128
Parties
Applicant: Cornforth; Respondent: Secretary of State
Jurisdiction
England and Wales
Judgment Date
15 September 2020
Procedural Posture
Application for Reconsideration / Post Oral Hearing Decision, Reconsideration on the Papers
Outcome
Application for reconsideration granted; original decision set aside; case to be reheard by a fresh panel.
Legal Topics
Parole Board Procedure, Procedural Fairness, Irrationality, Guidance on Allegations, Reconsideration Applications
Criminal Law Parole Parole Board Procedure Procedural Fairness Irrationality Guidance on Allegations Reconsideration Applications

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Parties

Cornforth

Applicant

Secretary of State

Respondent

Procedural Posture

Application for Reconsideration / Post Oral Hearing Decision, Reconsideration on the Papers

Legal Issues

  1. 1 Whether the Parole Board panel's decision not to direct release was procedurally unfair
  2. 2 Whether the panel's finding of fact regarding an allegation was irrational or contrary to the Parole Board's Guidance on Allegations

Ratio Decidendi

The panel acted outside the Parole Board’s Guidance on Allegations by making a finding of fact without a reasonably sufficient body of evidence, resulting in procedural unfairness. As this finding was pivotal to the decision not to release the Applicant, the overall decision was procedurally unfair and must be reconsidered.

Court Disposition

Application for reconsideration granted; original decision set aside; case to be reheard by a fresh panel.

Orders

  • Rehearing to be expedited and may proceed remotely.
  • Original decision to be removed from the dossier and not seen by the new panel.