Roberts v Parole Board [2003] EWHC 3120 (Admin) (19 December 2003)

Roberts v Parole Board [2003] EWHC 3120 (Admin) (19 December 2003)

The Parole Board is entitled, in exceptional circumstances, to appoint a Special Advocate for both mandatory and discretionary life prisoners; the procedure adopted was fair, proportionate, and not discriminatory under Article 14 ECHR.

Citation
[2003] EWHC 3120 (Admin)
Parties
Claimant: Harry Maurice Roberts; Defendant: The Parole Board; Interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Parole Board Procedure, Special Advocate Appointment, Disclosure of Evidence, Article 5(4) ECHR, Article 14 ECHR, Procedural Fairness, Proportionality
Public Law Human Rights Prison Law Parole Board Procedure Special Advocate Appointment Disclosure of Evidence Article 5(4) ECHR Article 14 ECHR +2 more

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Parties

Harry Maurice Roberts

Claimant

The Parole Board

Defendant

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the appointment of a Special Advocate in Parole Board proceedings for a mandatory life prisoner is discriminatory under Article 14 ECHR
  2. 2 Whether the appointment of a Special Advocate is fair and proportionate in the circumstances

Ratio Decidendi

The Parole Board is entitled, in exceptional circumstances, to appoint a Special Advocate for both mandatory and discretionary life prisoners; the procedure adopted was fair, proportionate, and not discriminatory under Article 14 ECHR.

Court Disposition

Application for judicial review dismissed

Orders

  • Parole Board awarded costs on usual Legal Aid terms
  • Claimant's costs to be assessed for public funding purposes