Grantham, R (on the application of) v Parole Board for England and Wales & Anor

Grantham, R (on the application of) v Parole Board for England and Wales & Anor

The Parole Board's decision was not properly reasoned, failed to separately consider transfer to open conditions as required by statutory directions, took into account irrelevant or mistaken factors, and failed to consider relevant and important factors. The decision was therefore unreliable and unfair and must be quashed.

Parties
Claimant: Grantham; Defendant: Parole Board for England and Wales; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
22 January 2019
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed; Parole Board decision quashed.
Legal Topics
Parole, Judicial Review, Indeterminate Sentences, Procedural Fairness
Criminal Law Administrative Law Parole Judicial Review Indeterminate Sentences Procedural Fairness

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Parties

Grantham

Claimant

Parole Board for England and Wales

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board failed to properly consider transfer to open conditions as required by statutory directions
  2. 2 Whether the Parole Board's decision on release on licence was properly reasoned and took into account all relevant factors

Ratio Decidendi

The Parole Board's decision was not properly reasoned, failed to separately consider transfer to open conditions as required by statutory directions, took into account irrelevant or mistaken factors, and failed to consider relevant and important factors. The decision was therefore unreliable and unfair and must be quashed.

Court Disposition

Claim for judicial review allowed; Parole Board decision quashed.

Orders

  • The Parole Board's decision letter dated on or about 22 May 2018 is quashed.
  • The Parole Board must reconsider the matter from scratch with a fresh and open mind.