Gulliver v The Parole Board

Gulliver v The Parole Board

The Parole Board, when considering the re-release of a recalled short-term prisoner, must assess all the circumstances and evidence available at the time of its decision, including risk to the public, and is not confined to reviewing the lawfulness or factual basis of the recall alone.

Parties
Appellant: Gulliver; Respondent: The Parole Board
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Parole Board Powers, Recall of Prisoners, Judicial Review of Administrative Decisions, Risk Assessment for Release, Statutory Interpretation
Criminal Law Administrative Law Prison Law Parole Board Powers Recall of Prisoners Judicial Review of Administrative Decisions Risk Assessment for Release Statutory Interpretation

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Parties

Gulliver

Appellant

The Parole Board

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 What is the scope of the Parole Board's responsibility when considering the re-release of a recalled short-term prisoner under section 254(4) of the Criminal Justice Act 2003?
  2. 2 Is the Parole Board limited to reviewing the lawfulness of recall or must it assess all available evidence and risk at the time of its decision?

Ratio Decidendi

The Parole Board, when considering the re-release of a recalled short-term prisoner, must assess all the circumstances and evidence available at the time of its decision, including risk to the public, and is not confined to reviewing the lawfulness or factual basis of the recall alone.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Application for leave to appeal to the House of Lords refused