Rowe, R (on the application of) v The Parole Board & Anor [2012] EWHC 1272 (Admin) (02 April 2012)

Rowe, R (on the application of) v The Parole Board & Anor [2012] EWHC 1272 (Admin) (02 April 2012)

The Parole Board Panel failed to properly consider and mitigate the effects of non-disclosure of the victim personal statement, resulting in a process that was procedurally unfair and unlawful, thus vitiating the decision.

Citation
[2012] EWHC 1272 (Admin)
Parties
Claimant: Paul Rowe; Defendant: The Parole Board; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
02 April 2012
Procedural Posture
Judicial Review / Judgment
Outcome
Judicial review allowed; Parole Board's decision quashed.
Legal Topics
Parole Board Procedure, Disclosure of Evidence, Victim Personal Statements, Article 5(4) ECHR, Procedural Fairness
Public Law Criminal Law Prison Law Parole Board Procedure Disclosure of Evidence Victim Personal Statements Article 5(4) ECHR Procedural Fairness

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Parties

Paul Rowe

Claimant

The Parole Board

Defendant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board's handling of a late victim personal statement and its non-disclosure to the prisoner was lawful and fair
  2. 2 Whether the process breached the claimant's rights under Article 5(4) ECHR and common law procedural fairness

Ratio Decidendi

The Parole Board Panel failed to properly consider and mitigate the effects of non-disclosure of the victim personal statement, resulting in a process that was procedurally unfair and unlawful, thus vitiating the decision.

Court Disposition

Judicial review allowed; Parole Board's decision quashed.

Orders

  • The Parole Board's decision of 7 February 2011 refusing release and transfer to open conditions is quashed.
  • The Parole Board must reconsider the claimant's release and transfer.