A T, R (on the application of) v Parole Board & Anor

The Parole Board's decision was quashed due to procedural unfairness arising from failure to disclose material relied upon and inadequate reasons addressing the claimant's central contention regarding denial of guilt and the reasonableness of the licence condition.

Parties: Claimant: A T; Defendant: The Parole Board; Defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 18 February 2004
Procedural Posture: Judicial Review / Judgment
Outcome: Decision of the Parole Board quashed; matter remitted for reconsideration.
Legal Topics: Parole, Recall to Prison, Licence Conditions, Procedural Fairness, Disclosure

Criminal Law Administrative Law Prison Law Parole Recall to Prison Licence Conditions Procedural Fairness Disclosure

Case Brief

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Parties

A T

Claimant

The Parole Board

Defendant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the Parole Board's decision to reject the claimant's representations against recall was procedurally fair
2 Whether failure to disclose material to the claimant and his advisers rendered the decision unlawful
3 Whether the reasons given by the Parole Board were adequate

Ratio Decidendi

Court Disposition

Decision of the Parole Board quashed; matter remitted for reconsideration.

Orders

Decision of 1 October 2003 quashed
Parole Board to reconsider the matter at imminent review, taking into account all relevant material including post-recall conduct