Headley, R (on the application of) v The Parole Board [2009] EWHC 663 (Admin) (12 February 2009)

Headley, R (on the application of) v The Parole Board [2009] EWHC 663 (Admin) (12 February 2009)

Given the fundamental importance of the ex-wife's allegations to the Parole Board's risk assessment and decision to refuse parole, fairness required that the claimant be given the opportunity to test those allegations by cross-examination. The failure to afford that opportunity in the particular circumstances of this case rendered the 2008 decision procedurally unfair and unlawful.

Citation
[2009] EWHC 663 (Admin)
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; 2008 Parole Board decision quashed.
Legal Topics
Parole Board Procedure, Procedural Fairness, Hearsay Evidence, Risk Assessment, Judicial Review
Public Law Criminal Law Prison Law Parole Board Procedure 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 unfair due to reliance on untested hearsay evidence
  2. 2 Whether the claimant should have been given the opportunity to test the ex-wife's allegations by cross-examination

Ratio Decidendi

Given the fundamental importance of the ex-wife's allegations to the Parole Board's risk assessment and decision to refuse parole, fairness required that the claimant be given the opportunity to test those allegations by cross-examination. The failure to afford that opportunity in the particular circumstances of this case rendered the 2008 decision procedurally unfair and unlawful.

Court Disposition

Claim allowed; 2008 Parole Board decision quashed.

Orders

  • The 2008 decision of the Parole Board is quashed.
  • A further oral hearing before a differently constituted panel of the Parole Board is directed, to be held as soon as practicable.