Irving, R (on the application of) v Parole Board
The Parole Board was not required to find an increased risk since release to justify recall; it was sufficient that the claimant posed an unacceptable risk based on all the information, including post-release behaviour. The Board acted lawfully and within its statutory duties. There was no breach of ECHR or disability discrimination law.
- Parties
- Claimant: Irving; Defendant: The Parole Board
- Jurisdiction
- England and Wales
- Judgment Date
- 12 November 2004
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Parole, Recall to Custody, Risk Assessment, Procedural Fairness, Disability Discrimination
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Irving
Claimant
The Parole Board
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Parole Board acted lawfully in recalling the claimant to custody based on risk arising from a known mental disorder present at the time of release
- 2 Whether the Parole Board was required to find an increased risk since release to justify recall
- 3 Whether the refusal to hold an oral hearing was lawful
Ratio Decidendi
The Parole Board was not required to find an increased risk since release to justify recall; it was sufficient that the claimant posed an unacceptable risk based on all the information, including post-release behaviour. The Board acted lawfully and within its statutory duties. There was no breach of ECHR or disability discrimination law.
Court Disposition
Application dismissed
Orders
- Application for judicial review dismissed
- No permission to appeal granted by this court
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment