Buxton, R (on the application of) v The Parole Board & Anor [2004] EWHC 1930 (Admin) (06 August 2004)

Buxton, R (on the application of) v The Parole Board & Anor [2004] EWHC 1930 (Admin) (06 August 2004)

The Parole Board is not required to balance the protection of the public against the interests of the prisoner when determining release on licence. Its role is to assess risk of reoffending. Personal circumstances are relevant only if they affect risk. The Board gave adequate reasons, and there was no breach of Articles 3 or 8 ECHR.

Citation
[2004] EWHC 1930 (Admin)
Parties
Claimant: Mark Buxton; Defendant: The Parole Board; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 August 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Parole Board Decisions, Recall to Prison, Home Detention Curfew, Mental Health in Prison, European Convention on Human Rights, Article 3, Article 8
Criminal Law Administrative Law Human Rights Law Parole Board Decisions Recall to Prison Home Detention Curfew Mental Health in Prison European Convention on Human Rights +2 more

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Parties

Mark Buxton

Claimant

The Parole Board

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board failed to consider the claimant's personal circumstances in recall decision
  2. 2 Whether the Parole Board failed to provide adequate reasons regarding consideration of personal circumstances
  3. 3 Whether the recall breached Articles 3 and 8 ECHR

Ratio Decidendi

The Parole Board is not required to balance the protection of the public against the interests of the prisoner when determining release on licence. Its role is to assess risk of reoffending. Personal circumstances are relevant only if they affect risk. The Board gave adequate reasons, and there was no breach of Articles 3 or 8 ECHR.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed