Alvey, R (on the application of) v The Parole Board [2008] EWHC 311 (Admin) (07 February 2008)

Alvey, R (on the application of) v The Parole Board [2008] EWHC 311 (Admin) (07 February 2008)

The Parole Board lawfully refused early release based on high risk of re-offending, failure to cope with open conditions, and unconfirmed resettlement plans; reasons given were adequate and no irrationality or unlawfulness was found.

Citation
[2008] EWHC 311 (Admin)
Parties
Applicant: Scott Alvey; Respondent: Parole Board
Jurisdiction
England and Wales
Judgment Date
07 February 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Parole, Judicial Review, Risk Assessment, Procedural Fairness
Criminal Law Administrative Law Parole Judicial Review Risk Assessment Procedural Fairness

Case Brief

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Parties

Scott Alvey

Applicant

Parole Board

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal of early release was unlawful or irrational
  2. 2 Whether the Board failed to consider material matters or misdirected itself as to its powers
  3. 3 Whether the Board gave adequate reasons for its decision

Ratio Decidendi

The Parole Board lawfully refused early release based on high risk of re-offending, failure to cope with open conditions, and unconfirmed resettlement plans; reasons given were adequate and no irrationality or unlawfulness was found.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Legal aid assessment granted