Allen, R (on the application of) v Parole Board

Allen, R (on the application of) v Parole Board

The Parole Board applied the correct standard of proof in assessing the allegation of domestic violence, made findings based on the evidence as a whole, and gave adequate reasons for findings of breach of residence and employment licence conditions. The challenge to the Parole Board's decision is dismissed on all grounds.

Parties
Claimant: The Queen on the Application of Allen; Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
01 December 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Parole Board Decisions, Standard of Proof, Breach of Licence Conditions, Judicial Review Procedure
Criminal Law Administrative Law Parole Board Decisions Standard of Proof Breach of Licence Conditions Judicial Review Procedure

Case Brief

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Parties

The Queen on the Application of Allen

Claimant

Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board applied the correct standard of proof regarding allegations of domestic violence
  2. 2 Whether the Parole Board erred in finding breaches of licence conditions relating to residence and employment

Ratio Decidendi

The Parole Board applied the correct standard of proof in assessing the allegation of domestic violence, made findings based on the evidence as a whole, and gave adequate reasons for findings of breach of residence and employment licence conditions. The challenge to the Parole Board's decision is dismissed on all grounds.

Court Disposition

Claim dismissed

Orders

  • Assessment of claimant's publicly funded costs granted
  • Permission to appeal refused