Gulliver, R (on the application of) v Parole Board [2006] EWHC 2976 (Admin) (06 November 2006)

Gulliver, R (on the application of) v Parole Board [2006] EWHC 2976 (Admin) (06 November 2006)

If the original recall was justified on the information the Secretary of State had at the time, the detention was lawful. The Parole Board may lawfully continue detention if, on all the material before it, it finds the claimant presents an unacceptable risk to the public, regardless of whether the original factual basis for recall is later disproved.

Citation
[2006] EWHC 2976 (Admin)
Parties
Claimant: Mark Gulliver; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
06 November 2006
Procedural Posture
Judicial Review / Final Judgment in the High Court (administrative Court)
Outcome
Claim dismissed
Legal Topics
Parole, Recall of Prisoners, Lawfulness of Detention, Judicial Review, Risk Assessment, Article 5 ECHR
Criminal Law Administrative Law Human Rights Parole Recall of Prisoners Lawfulness of Detention Judicial Review Risk Assessment +1 more

Case Brief

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Parties

Mark Gulliver

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment in the High Court (administrative Court)

Legal Issues

  1. 1 Whether the Parole Board can lawfully continue detention following recall when the original factual basis for recall is not established
  2. 2 Whether the lawfulness of recall depends on the Secretary of State's knowledge at the time of recall
  3. 3 Whether the Parole Board's function is limited to reviewing the original recall or extends to current risk assessment

Ratio Decidendi

If the original recall was justified on the information the Secretary of State had at the time, the detention was lawful. The Parole Board may lawfully continue detention if, on all the material before it, it finds the claimant presents an unacceptable risk to the public, regardless of whether the original factual basis for recall is later disproved.

Court Disposition

Claim dismissed

Orders

  • No order as to costs against the claimant
  • Detailed assessment of claimant's legal aid costs