Irving, R (on the application of) v Parole Board [2004] EWHC 2863 (Admin) (12 November 2004)

The Parole Board is not required to find an increased risk post-release to justify recall; it is sufficient that the claimant presents an unacceptable risk based on all available information, including post-release behaviour. The Board acted lawfully and within its statutory duties.

Citation: [2004] EWHC 2863 (Admin)
Parties: Claimant: Irving; Defendant: The Parole Board
Jurisdiction: England and Wales
Judgment Date: 12 November 2004
Procedural Posture: Judicial Review / Final Judgment in Administrative Court
Outcome: Application dismissed
Legal Topics: Parole, Recall of Prisoners, Risk Assessment, Procedural Fairness, Disability Discrimination, Article 5 ECHR, Article 14 ECHR

Criminal Law Public Law Human Rights Parole Recall of Prisoners Risk Assessment Procedural Fairness Disability Discrimination +2 more

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Parties

Irving

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment in Administrative Court

Legal Issues

1 Whether the Parole Board acted lawfully in recalling the claimant to custody based on risks arising from a known mental disorder present at the time of release
2 Whether the Parole Board was required to find an increased risk post-release to justify recall
3 Whether the refusal to hold an oral hearing was lawful

Ratio Decidendi

Court Disposition

Application dismissed