Wells, R (On the Application Of) v Parole Board

Wells, R (On the Application Of) v Parole Board

The Panel misapplied the legal threshold for release by requiring the Claimant to demonstrate he would be offence free, failed to rationally justify its refusal to release in light of unanimous expert evidence supporting release, and did not provide adequate reasons for departing from previous assessments and recommendations.

Parties
Claimant: Mark Wells; Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
17 October 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the Parole Board quashed; application for release to be referred to a fresh panel.
Legal Topics
Parole Board Decisions, Indeterminate Sentences, Judicial Review, Release of Prisoners, Risk Assessment
Criminal Law Public Law Prison Law Parole Board Decisions Indeterminate Sentences Judicial Review Release of Prisoners Risk Assessment

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Parties

Mark Wells

Claimant

Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board misdirected itself in law regarding the threshold for release
  2. 2 Whether the Panel's decision was irrational or lacked adequate reasons
  3. 3 Whether relevant considerations, including intellectual functioning and monitoring devices, were properly addressed

Ratio Decidendi

The Panel misapplied the legal threshold for release by requiring the Claimant to demonstrate he would be offence free, failed to rationally justify its refusal to release in light of unanimous expert evidence supporting release, and did not provide adequate reasons for departing from previous assessments and recommendations.

Court Disposition

Decision of the Parole Board quashed; application for release to be referred to a fresh panel.

Orders

  • Decision dated 2 April 2019 quashed
  • Application for release to be referred to a fresh panel