Headley, R (on the application of) v The Parole Board

Headley, R (on the application of) v The Parole Board

Given the age of the index offence, the claimant's long period in the community without incident, and the centrality of the ex-wife's allegations to the risk assessment, fairness required that the claimant be given the opportunity to test those allegations by cross-examination. The failure to provide this opportunity rendered the 2008 decision procedurally unfair and unlawful.

Parties
Claimant: Anthony Headley; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
12 February 2009
Procedural Posture
Judicial Review / Substantive Hearing and Judgment
Outcome
Claim allowed. The 2008 Parole Board decision is quashed.
Legal Topics
Parole Board Decisions, Procedural Fairness, Hearsay Evidence, Risk Assessment, Judicial Review
Criminal Law Administrative Law Human Rights Parole Board Decisions Procedural Fairness Hearsay Evidence Risk Assessment Judicial Review

Case Brief

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Parties

Anthony Headley

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Substantive Hearing and Judgment

Legal Issues

  1. 1 Whether the Parole Board's 2008 decision refusing parole was procedurally fair and lawful
  2. 2 Whether the claimant was denied the opportunity to test fundamental hearsay evidence by cross-examination

Ratio Decidendi

Given the age of the index offence, the claimant's long period in the community without incident, and the centrality of the ex-wife's allegations to the risk assessment, fairness required that the claimant be given the opportunity to test those allegations by cross-examination. The failure to provide this opportunity rendered the 2008 decision procedurally unfair and unlawful.

Court Disposition

Claim allowed. The 2008 Parole Board decision is quashed.

Orders

  • A further oral hearing before a differently constituted panel of the Parole Board is directed, to take place as soon as practicable.
  • No member of the 2006 or 2008 panels may sit on the new panel.