Gulliver, R (on the application of) v Parole Board
If the original recall was justified on the information available to the Secretary of State, the detention is lawful. The Parole Board can lawfully continue detention if, on all the material before it, there is an unacceptable risk to the public, regardless of whether the original factual basis for recall is ultimately established.
- Parties
- Claimant: Mark Gulliver; Defendant: The Parole Board
- Jurisdiction
- England and Wales
- Judgment Date
- 06 November 2006
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Parole, Recall of Prisoners, Lawfulness of Detention, Judicial Review, Risk Assessment, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Mark Gulliver
Claimant
The Parole Board
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Parole Board can lawfully continue detention after recall if the original reason for recall is not made out
- 2 Whether the lawfulness of recall affects the Parole Board's power to detain
- 3 What standard of proof is required for recall and continued detention
Ratio Decidendi
If the original recall was justified on the information available to the Secretary of State, the detention is lawful. The Parole Board can lawfully continue detention if, on all the material before it, there is an unacceptable risk to the public, regardless of whether the original factual basis for recall is ultimately established.
Court Disposition
Claim dismissed
Orders
- No order as to costs against the claimant
- Detailed assessment of claimant's legal aid costs
Full Case Text
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