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

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

The Parole Board failed to demonstrate that it conducted the required balancing exercise between risk and benefit when considering the claimant's transfer to open conditions, as mandated by the Secretary of State's Directions. The decision was therefore unlawful and must be quashed.

Parties
Claimant: Lee Hill; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
21 January 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review granted; Parole Board's decision quashed and remitted for fresh consideration.
Legal Topics
Judicial Review of Parole Board Decisions, Transfer to Open Prison Conditions, Balancing Exercise in Risk Assessment
Public Law Prison Law Administrative Law Judicial Review of Parole Board Decisions Transfer to Open Prison Conditions Balancing Exercise in Risk Assessment

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Parties

Lee Hill

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Did the Parole Board apply the correct legal test when refusing to recommend the claimant's transfer to open conditions?
  2. 2 Did the Parole Board conduct the required balancing exercise between risk and benefit as mandated by the Secretary of State's Directions?

Ratio Decidendi

The Parole Board failed to demonstrate that it conducted the required balancing exercise between risk and benefit when considering the claimant's transfer to open conditions, as mandated by the Secretary of State's Directions. The decision was therefore unlawful and must be quashed.

Court Disposition

Application for judicial review granted; Parole Board's decision quashed and remitted for fresh consideration.

Orders

  • The Parole Board's decision not to recommend transfer to open conditions is quashed.
  • The matter is remitted to the Parole Board for fresh consideration with expedition.