McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

The Parole Board is under a legal obligation to ensure a proper record is made and retained of each hearing, specifically the evidence given, and its policy of destroying such records after 9 months is unlawful. The chair's note of the evidence and proceedings constitutes the Board's official record and must be available in circumstances where fairness requires, such as disputes over evidence or further proceedings.

Citation
[2013] EWHC 1969 (Admin)
Parties
Claimant: John McIntyre; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; declaration that the Parole Board's policy of destruction after 9 months is unlawful; no specific order for disclosure as notes are no longer available.
Legal Topics
Parole Board Procedure, Record Keeping Obligations, Disclosure of Records, Judicial Review Standards
Administrative Law Criminal Law Prison Law Parole Board Procedure Record Keeping Obligations Disclosure of Records Judicial Review Standards

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Parties

John McIntyre

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board is under a legal obligation to make, maintain, and make available a record of its proceedings
  2. 2 Whether the Parole Board's policy of destroying panel notes after 9 months is lawful
  3. 3 Whether fairness requires disclosure or retention of the chair's notes in certain circumstances

Ratio Decidendi

The Parole Board is under a legal obligation to ensure a proper record is made and retained of each hearing, specifically the evidence given, and its policy of destroying such records after 9 months is unlawful. The chair's note of the evidence and proceedings constitutes the Board's official record and must be available in circumstances where fairness requires, such as disputes over evidence or further proceedings.

Court Disposition

Claim allowed in part; declaration that the Parole Board's policy of destruction after 9 months is unlawful; no specific order for disclosure as notes are no longer available.

Orders

  • Declaration that the Parole Board must keep a proper record of proceedings and its destruction policy is unlawful.
  • No order for disclosure in this case as the notes have been destroyed.