Gourlay, R (on the application of) v Parole Board [2014] EWHC 4763 (Admin) (24 November 2014)

Gourlay, R (on the application of) v Parole Board [2014] EWHC 4763 (Admin) (24 November 2014)

The Parole Board's decision was unlawful because it failed to take into account all relevant factors in assessing the claimant's risk, relying solely on his denial of offending, contrary to established legal principles requiring a balanced assessment of all material considerations.

Source-derived case information.

Citation
[2014] EWHC 4763 (Admin)
Parties
Claimant: Gourlay; Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
24 November 2014
Procedural Posture
Judicial Review / Judgment on Substantive Application
Outcome
Decision of the Parole Board quashed.
Legal Topics
Judicial Review of Parole Board Decisions, Risk Assessment in Parole, Denial of Guilt and Parole, Procedural Fairness in Parole Hearings
Public Law Prison Law Administrative Law Judicial Review of Parole Board Decisions Risk Assessment in Parole Denial of Guilt and Parole Procedural Fairness in Parole Hearings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gourlay

Claimant

Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Application

Legal Issues

  1. 1 Whether the Parole Board's refusal to recommend transfer to open conditions was lawful
  2. 2 Whether the Parole Board failed to take into account all relevant factors in assessing risk
  3. 3 Whether excessive emphasis was placed on the claimant's denial of offending

Ratio Decidendi

The Parole Board's decision was unlawful because it failed to take into account all relevant factors in assessing the claimant's risk, relying solely on his denial of offending, contrary to established legal principles requiring a balanced assessment of all material considerations.

Court Disposition

Decision of the Parole Board quashed.

Orders

  • The Parole Board's decision not to recommend transfer to open conditions is quashed.
  • Claimant granted 48 hours to make written submissions on costs.