AA, R (on the application of) v Parole Board for England and Wales

AA, R (on the application of) v Parole Board for England and Wales

Procedural fairness required the Parole Board to grant the Claimant an oral hearing to contest disputed allegations fundamental to the assessment of risk and continued detention. The refusal to do so, based on the prematurity of the police investigation, was contrary to established legal principles and guidance, and resulted in a final decision without proper opportunity for the Claimant to participate and challenge the allegations.

Parties
Claimant: AA; Defendant: Parole Board for England and Wales; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
24 April 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision refusing oral hearing quashed; oral hearing directed.
Legal Topics
Parole, Procedural Fairness, Recall of Prisoners, Oral Hearing, Risk Assessment
Criminal Law Administrative Law Human Rights Parole Procedural Fairness Recall of Prisoners Oral Hearing Risk Assessment

Case Brief

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Parties

AA

Claimant

Parole Board for England and Wales

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether procedural fairness required the Parole Board to grant the Claimant an oral hearing before making a final decision on his recall and continued detention.

Ratio Decidendi

Procedural fairness required the Parole Board to grant the Claimant an oral hearing to contest disputed allegations fundamental to the assessment of risk and continued detention. The refusal to do so, based on the prematurity of the police investigation, was contrary to established legal principles and guidance, and resulted in a final decision without proper opportunity for the Claimant to participate and challenge the allegations.

Court Disposition

Decision refusing oral hearing quashed; oral hearing directed.

Orders

  • The Parole Board’s decision refusing the Claimant’s request for an oral hearing is quashed.
  • An oral hearing before the Parole Board is directed.