MacKay, R (on the application of) v Secretary of State for Justice

MacKay, R (on the application of) v Secretary of State for Justice

The Parole Board's decision was irrational because it relied on findings of fact regarding the claimant's behaviour at the hearing that were unsupported by any evidence, and these findings were material to the refusal to release or transfer the claimant. The decision must be quashed and the matter reconsidered.

Parties
Claimant: Donald Mackay; Defendant: Parole Board; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; decision quashed
Legal Topics
Judicial Review, Parole Board Decisions, Irrationality, Wednesbury Unreasonableness, Procedural Fairness
Public Law Criminal Law Administrative Law Judicial Review Parole Board Decisions Irrationality Wednesbury Unreasonableness Procedural Fairness

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Parties

Donald Mackay

Claimant

Parole Board

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board's decision was irrational due to findings unsupported by evidence
  2. 2 Whether the Parole Board relied on material facts not established in evidence
  3. 3 Whether the decision should be quashed and reconsidered

Ratio Decidendi

The Parole Board's decision was irrational because it relied on findings of fact regarding the claimant's behaviour at the hearing that were unsupported by any evidence, and these findings were material to the refusal to release or transfer the claimant. The decision must be quashed and the matter reconsidered.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the Parole Board dated 30 April 2018 is quashed.
  • The Secretary of State's referral heard on 23 April 2018 is to be reheard by the Parole Board.