McGetrick, R (on the application of) v Parole Board & Anor [2013] EWCA Civ 182 (14 March 2013)

McGetrick, R (on the application of) v Parole Board & Anor [2013] EWCA Civ 182 (14 March 2013)

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 such documents.

Citation
[2013] EWCA Civ 182
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 / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Parole Board Procedure, Judicial Independence, Admissibility of Evidence, Statutory Interpretation, Risk Assessment in Parole
Public Law Criminal Law Administrative Law Parole Board Procedure Judicial Independence Admissibility of Evidence Statutory Interpretation Risk Assessment in Parole

Case Brief

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Parties

Gregory McGetrick

Appellant

Parole Board

Respondent

Secretary of State for Justice

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Parole Board has power at an interlocutory stage to exclude untried material from the dossier considered by the panel deciding on a prisoner's release
  2. 2 Proper interpretation of section 239(3) of the Criminal Justice Act 2003 regarding the Board's duty to consider documents supplied by the Secretary of State

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 such documents.

Court Disposition

Appeal allowed in part

Orders

  • Section 239(3) does not require the panel deciding the case to consider all documents supplied by the Secretary of State; the Board may exclude documents in rare cases where fairness so requires.