West, R (on the application of) v Parole Board [2002] EWHC 769 (Admin) (26th April, 2002)

Recall of a determinate sentence prisoner on licence is an administrative act pursuant to the original sentence, does not engage Articles 5 or 6 ECHR, and does not require an oral hearing or court review unless specifically provided by statute. The Parole Board's process was fair and lawful.

Citation: [2002] EWHC 769 (Admin)
Parties: Claimant: Justin West; Defendant: The Parole Board
Jurisdiction: England and Wales
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application for judicial review refused
Legal Topics: Parole, Recall of Prisoners, European Convention on Human Rights, Judicial Review, Procedural Fairness

Criminal Law Administrative Law Human Rights Parole Recall of Prisoners European Convention on Human Rights Judicial Review Procedural Fairness

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Parties

Justin West

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the recall of a determinate sentence prisoner on licence engages Articles 5 and 6 of the European Convention on Human Rights
2 Whether the Parole Board was required to hold an oral hearing before upholding the recall
3 Whether the recall process amounts to the determination of a criminal charge or civil right under the Convention

Ratio Decidendi

Court Disposition

Application for judicial review refused