Gardner, R (on the application of) v Parole Board [2006] EWCA Civ 1222 (05 September 2006)

Gardner, R (on the application of) v Parole Board [2006] EWCA Civ 1222 (05 September 2006)

Rules 19(2) and 19(3) of the Parole Board Rules 2004 confer power on the panel to exclude a prisoner from a hearing while a witness gives evidence if necessary for the proper conduct of the hearing, and such exclusion is lawful and fair where the prisoner's interests are adequately protected by legal representation and the exclusion is justified by the circumstances.

Citation
[2006] EWCA Civ 1222
Parties
Appellant: Gardner; Respondent: Parole Board
Jurisdiction
England and Wales
Judgment Date
05 September 2006
Procedural Posture
Judicial Review (administrative Law) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Parole Board Procedure, Exclusion of Prisoner From Hearing, Fair Hearing, Article 5(4) ECHR, Article 6 ECHR, Article 8 ECHR
Administrative Law Prison Law Human Rights Parole Board Procedure Exclusion of Prisoner From Hearing Fair Hearing Article 5(4) ECHR Article 6 ECHR +1 more

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Parties

Gardner

Appellant

Parole Board

Respondent

Procedural Posture

Judicial Review (administrative Law) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Parole Board has power under the Parole Board Rules 2004 to exclude a prisoner from part of a hearing while evidence is being taken
  2. 2 Whether the exercise of such power was lawful and compatible with fairness and Convention rights in this case

Ratio Decidendi

Rules 19(2) and 19(3) of the Parole Board Rules 2004 confer power on the panel to exclude a prisoner from a hearing while a witness gives evidence if necessary for the proper conduct of the hearing, and such exclusion is lawful and fair where the prisoner's interests are adequately protected by legal representation and the exclusion is justified by the circumstances.

Court Disposition

Appeal dismissed