Morecock, R (on the application of) v Parole Board [2004] EWHC 2521 (Admin) (08 November 2004)

Morecock, R (on the application of) v Parole Board [2004] EWHC 2521 (Admin) (08 November 2004)

The Parole Board was entitled to refuse the claimant's release on the basis that his repeated disregard for the law, even in the form of minor driving offences, constituted a breach of licence conditions and demonstrated an unacceptable risk of further offending. The risk contemplated by the directions is not limited to serious or imprisonable offences. The Board is not bound by the Secretary of State's original reasons for recall and may base its decision on the evidence before it.

Citation
[2004] EWHC 2521 (Admin)
Parties
Claimant: Richard Anthony Morecock; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
08 November 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Recall to Prison, Licence Conditions, Judicial Review, Risk Assessment
Criminal Law Administrative Law Parole Recall to Prison Licence Conditions Judicial Review Risk Assessment

Case Brief

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Parties

Richard Anthony Morecock

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to release the claimant from prison following recall was unreasonable or irrational
  2. 2 Whether the Parole Board could rely on grounds different from those relied on by the Secretary of State for the original recall
  3. 3 Interpretation of 'unacceptable risk' under the Secretary of State's directions to the Parole Board

Ratio Decidendi

The Parole Board was entitled to refuse the claimant's release on the basis that his repeated disregard for the law, even in the form of minor driving offences, constituted a breach of licence conditions and demonstrated an unacceptable risk of further offending. The risk contemplated by the directions is not limited to serious or imprisonable offences. The Board is not bound by the Secretary of State's original reasons for recall and may base its decision on the evidence before it.

Court Disposition

Claim dismissed

Orders

  • No order as to costs, save that the claimant's costs be assessed pursuant to the Community Legal Service (Costs) Regulations 2000.
  • Directions given for application for permission to appeal to be made on paper within 7 days.