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

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

Section 239(3) of the Criminal Justice Act 2003 does not require that the panel deciding the case must always consider all documents supplied to the Board by the Secretary of State. The Board, acting judicially, has power in rare cases to exclude documents from the dossier considered by the panel making the recommendation, provided a member or members of the Board have considered all documents given by the Secretary of State. This interpretation upholds the Board's judicial independence and ensures fairness.

Parties
Appellant: Gregory McGetrick; Respondent: Parole Board; Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
14 March 2013
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
appeal allowed in part
Legal Topics
Judicial Review, Parole Board Procedure, Judicial Independence, Statutory Interpretation
Public Law Criminal Law Constitutional Law Judicial Review Parole Board Procedure Judicial Independence Statutory Interpretation

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Parties

Gregory McGetrick

Appellant

Parole Board

Respondent

Secretary of State for Justice

Respondent

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the Parole Board has power to exclude untried material from the dossier considered by the panel deciding on a prisoner's release on licence under section 239(3) of the Criminal Justice Act 2003.

Ratio Decidendi

Section 239(3) of the Criminal Justice Act 2003 does not require that the panel deciding the case must always consider all documents supplied to the Board by the Secretary of State. The Board, acting judicially, has power in rare cases to exclude documents from the dossier considered by the panel making the recommendation, provided a member or members of the Board have considered all documents given by the Secretary of State. This interpretation upholds the Board's judicial independence and ensures fairness.

Court Disposition

appeal allowed in part

Orders

  • Section 239(3) of the Criminal Justice Act 2003 does not require the panel deciding the case to consider all documents supplied by the Secretary of State; the Board is to determine necessary procedures to give effect to this ruling.