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

The Court refused to grant a stay of Mr Simms' release, finding the least worst option was not to interfere with the statutory release, given compliance with licence conditions and public interest. Disclosure of documents was ordered as necessary for the claim, subject to protective provisions.

Parties: Claimant: Marie McCourt; Defendant: Parole Board for England and Wales; Interested Party: Secretary of State for Justice; Interested Party: Ian Simms
Jurisdiction: England and Wales
Judgment Date: 04 February 2020
Procedural Posture: Judicial Review / Interim Application for Stay and Disclosure Prior to Permission Decision
Outcome: Stay refused; disclosure granted
Legal Topics: Parole Board Decisions, Interim Relief, Disclosure, Victim Rights, Judicial Review Procedure

Public Law Criminal Law Administrative Law Parole Board Decisions Interim Relief Disclosure Victim Rights Judicial Review Procedure

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Parties

Marie McCourt

Claimant

Parole Board for England and Wales

Defendant

Secretary of State for Justice

Interested Party

Ian Simms

Interested Party

Procedural Posture

Judicial Review / Interim Application for Stay and Disclosure Prior to Permission Decision

Legal Issues

1 Whether to grant a stay of release pending judicial review
2 Whether to order disclosure of Parole Board documents

Ratio Decidendi

Court Disposition

Stay refused; disclosure granted

Orders

Refusal of stay preventing release of Ian Simms
Order for disclosure of Parole Board documents, counsel's notes, and hearing transcript subject to protective provisions