Rowe, R (On the Application Of) v Parole Board for England And Wales

Rowe, R (On the Application Of) v Parole Board for England And Wales

The Parole Board failed to carry out the fundamental balancing exercise required by direction 5(d) of the Secretary of State's Directions, namely to weigh the extent to which the claimant would benefit from being tested in a more realistic environment against the risks. This failure renders the decision unlawful and requires it to be quashed.

Parties
Claimant: Rowe; Defendant: Parole Board for England and Wales
Jurisdiction
England and Wales
Judgment Date
25 June 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; judicial review granted on ground of failure to carry out balancing exercise.
Legal Topics
Parole Board Decisions, Transfer to Open Prison Conditions, Judicial Review Standards, Balancing Exercise in Parole Decisions
Administrative Law Criminal Law Prison Law Parole Board Decisions Transfer to Open Prison Conditions Judicial Review Standards Balancing Exercise in Parole Decisions

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Parties

Rowe

Claimant

Parole Board for England and Wales

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to recommend transfer to open conditions was irrational or unreasonable
  2. 2 Whether the Parole Board failed to carry out the required balancing exercise under Secretary of State's Directions

Ratio Decidendi

The Parole Board failed to carry out the fundamental balancing exercise required by direction 5(d) of the Secretary of State's Directions, namely to weigh the extent to which the claimant would benefit from being tested in a more realistic environment against the risks. This failure renders the decision unlawful and requires it to be quashed.

Court Disposition

Decision quashed; judicial review granted on ground of failure to carry out balancing exercise.

Orders

  • Parole Board's decision refusing transfer to open conditions is quashed.
  • Matter to be reconsidered by the Parole Board afresh.