McIntyre, R (on the application of) v The Parole Board

McIntyre, R (on the application of) v The Parole Board

The Parole Board is under a duty to ensure a proper record of each hearing is made and maintained; the chair’s note of evidence and proceedings constitutes this record. The Board’s policy of destroying such records after 9 months is unlawful, as it fails to recognize the public interest and necessity for such...

Source-derived case information.

Parties
Claimant: John McIntyre; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed in part; declaration granted
Legal Topics
Judicial Review, Disclosure of Records, Parole Board Procedure, Retention of Records
Administrative Law Criminal Law Judicial Review Disclosure of Records Parole Board Procedure Retention of Records

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Parties

John McIntyre

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board is under a duty to make, maintain, and make available a record of its proceedings
  2. 2 Whether the Parole Board's policy of destroying panel notes after 9 months is lawful
  3. 3 Whether the refusal to disclose panel notes is lawful

Ratio Decidendi

The Parole Board is under a duty to ensure a proper record of each hearing is made and maintained; the chair’s note of evidence and proceedings constitutes this record. The Board’s policy of destroying such records after 9 months is unlawful, as it fails to recognize the public interest and necessity for such records in ensuring fairness and proper administration of justice.

Court Disposition

Claim allowed in part; declaration granted

Orders

  • Declaration that the Parole Board's policy of destroying the record of proceedings after 9 months is unlawful
  • No specific mandatory order made; Board to review its policy