Gourlay, R (on the application of) v Parole Board

Gourlay, R (on the application of) v Parole Board

The Parole Board failed in its duty to take into account the entirety of relevant factors when assessing the risk posed by the claimant for the purpose of recommending transfer to open conditions, relying solely on denial of offending.

Parties
Claimant: The Queen on the application of Gourlay; Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
24 November 2014
Procedural Posture
Judicial Review / Judgment
Outcome
decision quashed
Legal Topics
Parole, Risk Assessment, Life Sentence Prisoners, Judicial Review, Procedural Fairness
Criminal Law Public Law Parole Risk Assessment Life Sentence Prisoners Judicial Review Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

The Queen on the application of Gourlay

Claimant

Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board failed to take into account all relevant factors when assessing risk for transfer to open conditions
  2. 2 Whether denial of offending was impermissibly treated as the sole determinative factor

Ratio Decidendi

The Parole Board failed in its duty to take into account the entirety of relevant factors when assessing the risk posed by the claimant for the purpose of recommending transfer to open conditions, relying solely on denial of offending.

Court Disposition

decision quashed

Orders

  • The decision of the Parole Board dated 10th March 2014 is quashed.
  • Claimant granted 48 hours to submit written submissions on costs.