Hovenden, R (on the Application of) v The Parole Board [2014] EWHC 3738 (Admin) (20 October 2014)

Hovenden, R (on the Application of) v The Parole Board [2014] EWHC 3738 (Admin) (20 October 2014)

The Parole Board applied the correct public protection test in its decision, and any infelicity of language in the opening paragraph did not affect the substance or legality of the decision.

Citation
[2014] EWHC 3738 (Admin)
Parties
Claimant: Kim Hovenden; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
20 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole, Public Protection Test, Judicial Review, Prisoner Release
Criminal Law Administrative Law Parole Public Protection Test Judicial Review Prisoner Release

Case Brief

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Parties

Kim Hovenden

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board applied the correct public protection test under section 225C(3) of the Criminal Justice Act 2003 in refusing release

Ratio Decidendi

The Parole Board applied the correct public protection test in its decision, and any infelicity of language in the opening paragraph did not affect the substance or legality of the decision.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed
  • Usual costs order not to be enforced without leave of the court