Jarvis, R (on the application of) v Parole Board [2004] EWHC 872 (Admin) (31 March 2004)

Jarvis, R (on the application of) v Parole Board [2004] EWHC 872 (Admin) (31 March 2004)

The Parole Board lawfully applied the statutory test, considered all relevant evidence, and was entitled to conclude that the claimant presented a high risk of re-offending which could not safely be managed in the community. There was no breach of Article 5 ECHR as the causal link between the conviction and continued detention was maintained.

Citation
[2004] EWHC 872 (Admin)
Parties
Claimant: Alan Jarvis; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
31 March 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Parole, Recall to Prison, Article 5 ECHR, Risk Assessment, Judicial Review
Criminal Law Administrative Law Human Rights Parole Recall to Prison Article 5 ECHR Risk Assessment Judicial Review

Case Brief

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Parties

Alan Jarvis

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to direct re-release was unlawful
  2. 2 Whether the Parole Board breached Article 5 of the European Convention on Human Rights

Ratio Decidendi

The Parole Board lawfully applied the statutory test, considered all relevant evidence, and was entitled to conclude that the claimant presented a high risk of re-offending which could not safely be managed in the community. There was no breach of Article 5 ECHR as the causal link between the conviction and continued detention was maintained.

Court Disposition

Application dismissed

Orders

  • No order as to costs
  • Order for detailed assessment of claimant's legal aid costs