McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin) (04 April 2012)

McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin) (04 April 2012)

The Parole Board is required by statute to consider all documents provided by the Secretary of State, including untried material, when making substantive recommendations. PSO 6000 does not prohibit inclusion of untried material unrelated to offences of conviction. The Board retains discretion to determine the evidential weight of such material, and procedural fairness is preserved as the prisoner has an opportunity to respond. There is no breach of natural justice or statutory duty in admitting and considering the untried material.

Citation
[2012] EWHC 882 (Admin)
Parties
Claimant: Gregory McGetrick; Defendant: The Parole Board; Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Parole Board Procedure, Admissibility of Evidence, Natural Justice, Judicial Review, Risk Assessment, Hearsay Evidence
Administrative Law Criminal Law Prison Law Parole Board Procedure Admissibility of Evidence Natural Justice Judicial Review Risk Assessment +1 more

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Parties

Gregory McGetrick

Claimant

The Parole Board

Defendant

The Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board can lawfully consider untried material (pre-trial prosecution evidence not resulting in conviction) in parole decisions
  2. 2 Whether inclusion of such material breaches Prison Service Order 6000 or natural justice

Ratio Decidendi

The Parole Board is required by statute to consider all documents provided by the Secretary of State, including untried material, when making substantive recommendations. PSO 6000 does not prohibit inclusion of untried material unrelated to offences of conviction. The Board retains discretion to determine the evidential weight of such material, and procedural fairness is preserved as the prisoner has an opportunity to respond. There is no breach of natural justice or statutory duty in admitting and considering the untried material.

Court Disposition

Claim dismissed