Pearson, R (on the application of) v Parole Board

Pearson, R (on the application of) v Parole Board

The Parole Board did not act unfairly or unlawfully in admitting and relying on the hearsay evidence of the three boys. The Board critically evaluated the evidence, considered the difficulties in securing the boys' attendance, and was entitled to rely on the professional assessments of police officers and a social worker regarding the credibility of the statements. The hearing was fair in all the circumstances, and the application is dismissed.

Parties
Claimant: R (on the application of Pearson); Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Parole Board Procedure, Hearsay Evidence, Fair Hearing, Recall From Licence, Article 6 ECHR, Article 5 ECHR
Administrative Law Criminal Law Human Rights Parole Board Procedure Hearsay Evidence Fair Hearing Recall From Licence Article 6 ECHR +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R (on the application of Pearson)

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board acted unfairly and unlawfully in admitting and relying on hearsay evidence from three adolescent boys in declining to direct the claimant's release after recall from licence.

Ratio Decidendi

The Parole Board did not act unfairly or unlawfully in admitting and relying on the hearsay evidence of the three boys. The Board critically evaluated the evidence, considered the difficulties in securing the boys' attendance, and was entitled to rely on the professional assessments of police officers and a social worker regarding the credibility of the statements. The hearing was fair in all the circumstances, and the application is dismissed.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • Order for costs against the claimant as a publicly funded party, quantification adjourned generally with liberty to restore