The Secretary of State for Justice, R (On the Application Of) v The Parole Board [2020] EWHC 3490 (Admin) (16 December 2020)

The Secretary of State for Justice, R (On the Application Of) v The Parole Board [2020] EWHC 3490 (Admin) (16 December 2020)

The Parole Board did not make a valid decision on 17 June 2020, as it concluded it had no jurisdiction and thus took no decision. Alternatively, if a decision was made, it was irrational and procedurally unfair due to a critical error of fact (absence of the amended court order). The Secretary of State's referral of March 2020 remains live and must be considered afresh. There is no power of re-referral after a final decision under the current statutory and regulatory framework.

Citation
[2020] EWHC 3490 (Admin)
Parties
Claimant: The Queen (on the application of The Secretary of State for Justice); Defendant: The Parole Board; Interested Party: James Walker
Jurisdiction
England and Wales
Judgment Date
16 December 2020
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed
Legal Topics
Parole Board Decisions, Judicial Review, Procedural Fairness, Irrationality, Functus Officio, Re Referral Powers, Interpretation of Statutes
Administrative Law Criminal Law Prison Law Parole Board Decisions Judicial Review Procedural Fairness Irrationality Functus Officio +2 more

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Parties

The Queen (on the application of The Secretary of State for Justice)

Claimant

The Parole Board

Defendant

James Walker

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Parole Board made a valid decision on 17 June 2020 regarding Mr Walker's release
  2. 2 Whether the Secretary of State has the power to re-refer a case to the Parole Board after a final decision
  3. 3 Whether the Board's decision was irrational or procedurally unfair

Ratio Decidendi

The Parole Board did not make a valid decision on 17 June 2020, as it concluded it had no jurisdiction and thus took no decision. Alternatively, if a decision was made, it was irrational and procedurally unfair due to a critical error of fact (absence of the amended court order). The Secretary of State's referral of March 2020 remains live and must be considered afresh. There is no power of re-referral after a final decision under the current statutory and regulatory framework.

Court Disposition

Claim allowed

Orders

  • The purported decision of the Parole Board of 17 June 2020 is quashed.
  • The Parole Board is ordered to make a fresh decision on the Secretary of State's referral of 31 March 2020.