Gardner, R (on the application of) v Parole Board

Gardner, R (on the application of) v Parole Board

The Parole Board Rules 2004, particularly Rules 19(2) and 19(3), confer power on the panel to exclude a prisoner from part of a hearing where necessary to obtain relevant evidence from a fearful witness, provided the prisoner's interests are adequately protected, such as through legal representation. The panel's exercise of this power in the present case was lawful and did not render the proceedings unfair.

Parties
Appellant: Gardner; Respondent: Parole Board
Jurisdiction
England and Wales
Judgment Date
05 September 2006
Procedural Posture
Judicial Review / Administrative Law Appeal / 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
Administrative Law Criminal Law Human Rights Parole Board Procedure Exclusion of Prisoner From Hearing Fair Hearing Article 5(4) ECHR Article 6 ECHR

Case Brief

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Parties

Gardner

Appellant

Parole Board

Respondent

Procedural Posture

Judicial Review / Administrative Law Appeal / 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 the requirements of a fair hearing

Ratio Decidendi

The Parole Board Rules 2004, particularly Rules 19(2) and 19(3), confer power on the panel to exclude a prisoner from part of a hearing where necessary to obtain relevant evidence from a fearful witness, provided the prisoner's interests are adequately protected, such as through legal representation. The panel's exercise of this power in the present case was lawful and did not render the proceedings unfair.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of Munby J. affirmed