Pearson, R (on the application of) v Parole Board [2003] EWHC 1391 (Admin) (20 June 2003)

Pearson, R (on the application of) v Parole Board [2003] EWHC 1391 (Admin) (20 June 2003)

The Parole Board's reliance on hearsay evidence from the three boys was not unfair or unlawful in the circumstances, as the Board critically assessed the reliability of the evidence, considered the difficulties of securing the boys' attendance, and the claimant did not pursue available procedural remedies to compel attendance or seek further adjournment. The hearing was fair and the application is dismissed.

Citation
[2003] EWHC 1391 (Admin)
Parties
Claimant: R (on the application of Pearson); Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Judicial Review / Final Judgment in the Administrative Court
Outcome
Claim dismissed
Legal Topics
Parole Board Procedure, Hearsay Evidence, Fair Hearing, Recall From Licence, Article 6 ECHR, Article 5 ECHR
Public Law Criminal Law Human Rights Parole Board Procedure Hearsay Evidence Fair Hearing Recall From Licence Article 6 ECHR +1 more

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Parties

R (on the application of Pearson)

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment in the Administrative Court

Legal Issues

  1. 1 Whether the Parole Board acted unfairly and unlawfully in admitting and relying on hearsay evidence from three adolescent boys in declining to direct the claimant's release after recall from licence.

Ratio Decidendi

The Parole Board's reliance on hearsay evidence from the three boys was not unfair or unlawful in the circumstances, as the Board critically assessed the reliability of the evidence, considered the difficulties of securing the boys' attendance, and the claimant did not pursue available procedural remedies to compel attendance or seek further adjournment. The hearing was fair and the application is dismissed.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • Order for costs against the claimant in principle, quantification adjourned generally with liberty to the defendant to restore