Morecock, R (on the application of) v Parole Board

Morecock, R (on the application of) v Parole Board

The Parole Board was entitled to conclude that the claimant's continued disregard for the law, even in the form of minor driving offences, constituted an unacceptable risk of further offending and a failure to comply with licence conditions. The Board was not limited to the Secretary of State's original grounds for recall and could base its decision on the evidence before it. Its decision was not irrational or unreasonable.

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

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Anthony Morecock

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board's decision to confirm the claimant's recall to prison was unreasonable or irrational
  2. 2 Whether the Parole Board could rely on grounds not cited by the Secretary of State for the original recall
  3. 3 Whether the risk of further minor (non-imprisonable) offences justified continued detention

Ratio Decidendi

The Parole Board was entitled to conclude that the claimant's continued disregard for the law, even in the form of minor driving offences, constituted an unacceptable risk of further offending and a failure to comply with licence conditions. The Board was not limited to the Secretary of State's original grounds for recall and could base its decision on the evidence before it. Its decision was not irrational or unreasonable.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • No order as to costs except that claimant's costs be assessed pursuant to the Community Legal Service (Costs) Regulations 2000