Gardner, R (on the application of) v The Parole Board [2005] EWHC 2981 (Admin) (21 December 2005)

Gardner, R (on the application of) v The Parole Board [2005] EWHC 2981 (Admin) (21 December 2005)

The Parole Board has power under rules 19(2) and 19(3) of the Parole Board Rules 2004 and paragraph 1(2)(b) of Schedule 5 to the Criminal Justice Act 1991 to exclude a prisoner from part of a hearing for witness welfare. The exercise of this power in the present case was lawful, proportionate, and compatible with Article 5(4) and Article 8 ECHR. The proceedings as a whole were fair and the claimant suffered no prejudice.

Citation
[2005] EWHC 2981 (Admin)
Parties
Claimant: Robert Gardner; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Judicial Review / Final Judgment and Post Judgment Applications
Outcome
Application for judicial review dismissed
Legal Topics
Parole Board Powers, Exclusion of Prisoner From Hearing, Article 5(4) ECHR, Article 8 ECHR, Fair Hearing, Witness Protection
Administrative Law Human Rights Law Criminal Law Parole Board Powers Exclusion of Prisoner From Hearing Article 5(4) ECHR Article 8 ECHR Fair Hearing +1 more

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Parties

Robert Gardner

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment and Post Judgment Applications

Legal Issues

  1. 1 Does the Parole Board have power to exclude a prisoner from part of a hearing?
  2. 2 Was the power lawfully exercised in this case?
  3. 3 Is domestic law compatible with the European Convention on Human Rights, specifically Article 5(4) and Article 8?

Ratio Decidendi

The Parole Board has power under rules 19(2) and 19(3) of the Parole Board Rules 2004 and paragraph 1(2)(b) of Schedule 5 to the Criminal Justice Act 1991 to exclude a prisoner from part of a hearing for witness welfare. The exercise of this power in the present case was lawful, proportionate, and compatible with Article 5(4) and Article 8 ECHR. The proceedings as a whole were fair and the claimant suffered no prejudice.

Court Disposition

Application for judicial review dismissed

Orders

  • Application dismissed
  • No orders as to costs save detailed assessment