The Secretary of State for Justice, R (On the Application Of) v The Parole Board

The Secretary of State for Justice, R (On the Application Of) v The Parole Board

The Parole Board made no valid decision on 17 June 2020; alternatively, any decision was irrational and procedurally unfair due to a critical error of fact (absence of the amended court order). The Secretary of State's referral remains live and must be considered afresh by the Board. There is no power of re-referral after a final decision under the current statutory and regulatory framework.

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 / Judgment After Hearing
Outcome
Claim allowed; Parole Board ordered to make a fresh decision; previous decision quashed
Legal Topics
Parole Board Decisions, Judicial Review, Statutory Interpretation, Procedural Fairness, Irrationality, Reconsideration of Decisions
Criminal Law Administrative Law Prison Law Parole Board Decisions Judicial Review Statutory Interpretation Procedural Fairness Irrationality +1 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 / Judgment After Hearing

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 can re-refer a case to the Parole Board after a final decision
  3. 3 Whether the Parole Board's decision was irrational or procedurally unfair

Ratio Decidendi

The Parole Board made no valid decision on 17 June 2020; alternatively, any decision was irrational and procedurally unfair due to a critical error of fact (absence of the amended court order). The Secretary of State's referral remains live and must be considered afresh by the Board. There is no power of re-referral after a final decision under the current statutory and regulatory framework.

Court Disposition

Claim allowed; Parole Board ordered to make a fresh decision; previous decision quashed

Orders

  • The Parole Board is ordered to make a fresh or actual decision pursuant to the Secretary of State’s referral of 31 March 2020.
  • Any purported decision of 17 June 2020 is quashed.