Rowe, R (on the application of) v Secretary of State for the Home Department

Rowe, R (on the application of) v Secretary of State for the Home Department

The Parole Board's refusal to seek a Security Service assessment for licence conditions was unlawful as it failed to consider the relevance of such information for determining appropriate licence conditions for a convicted terrorist. The decision on disclosure for licence conditions must be quashed and a direction made to obtain the Security Service's current assessment of the claimant's risk.

Parties
Claimant: Andrew Rowe; Defendant: The Parole Board; First Interested Party: Secretary of State for Justice; Second Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 March 2010
Procedural Posture
Judicial Review / Judgment
Outcome
Claim partly allowed
Legal Topics
Parole Board Procedure, Disclosure of Risk Assessments, Licence Conditions for Terrorist Offenders, Judicial Review Standards, Security Risk Assessment
Public Law Criminal Law Human Rights Parole Board Procedure Disclosure of Risk Assessments Licence Conditions for Terrorist Offenders Judicial Review Standards Security Risk Assessment

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Parties

Andrew Rowe

Claimant

The Parole Board

Defendant

Secretary of State for Justice

First Interested Party

Secretary of State for the Home Department

Second Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board should be ordered to obtain views from police/MAPPA and security services regarding the claimant's current risk
  2. 2 Whether refusal to direct disclosure of MAPPA minutes and Security Service assessment was lawful
  3. 3 Whether the Parole Board considered relevant information for licence conditions

Ratio Decidendi

The Parole Board's refusal to seek a Security Service assessment for licence conditions was unlawful as it failed to consider the relevance of such information for determining appropriate licence conditions for a convicted terrorist. The decision on disclosure for licence conditions must be quashed and a direction made to obtain the Security Service's current assessment of the claimant's risk.

Court Disposition

Claim partly allowed

Orders

  • The Defendant shall by midday on 12 March 2010 write to the First Interested Party requesting the Security Service’s current assessment of the security risk posed by Andrew Rowe, specifically regarding terrorism activities on release.
  • The decision of the Panel Chair refusing to direct production of a Security Service assessment for licence conditions is quashed.