Roberts v Parole Board [2004] EWCA Civ 1031 (28 July 2004)

Roberts v Parole Board [2004] EWCA Civ 1031 (28 July 2004)

The Parole Board has the inherent power to adopt the Special Advocate procedure in exceptional circumstances, including but not limited to national security, where necessary to protect sources or sensitive information, provided that substantial fairness to the prisoner is maintained. This power is implied from the Board's statutory functions and is compatible with Article 5(4) ECHR.

Citation
[2004] EWCA Civ 1031
Parties
Appellant: Harry Roberts; Respondent: Parole Board; Interested Party: Secretary of State (Interested Party)
Jurisdiction
England and Wales
Judgment Date
28 July 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Parole Board Procedure, Disclosure of Evidence, Special Advocate Procedure, Article 5(4) ECHR, Procedural Fairness, Equality of Arms
Public Law Prison Law Human Rights Parole Board Procedure Disclosure of Evidence Special Advocate Procedure Article 5(4) ECHR Procedural Fairness +1 more

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Parties

Harry Roberts

Appellant

Parole Board

Respondent

Secretary of State (Interested Party)

Interested Party

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Parole Board has the power to adopt the Special Advocate procedure in life imprisonment cases
  2. 2 Whether the use of the Special Advocate procedure breaches Article 5(4) ECHR or principles of procedural fairness
  3. 3 Whether the procedure should be limited to national security cases

Ratio Decidendi

The Parole Board has the inherent power to adopt the Special Advocate procedure in exceptional circumstances, including but not limited to national security, where necessary to protect sources or sensitive information, provided that substantial fairness to the prisoner is maintained. This power is implied from the Board's statutory functions and is compatible with Article 5(4) ECHR.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the Board's costs on the usual CLS funding terms
  • Application for permission to appeal to the House of Lords refused