Chester, R (on the application of) v The Parole Board

Chester, R (on the application of) v The Parole Board

In the unusual circumstances of this case, where the claimant has been imprisoned for over 33 years and faces continued detention without an oral hearing, procedural fairness required that an oral hearing be granted to allow proper assessment of current risk and consideration of the claimant’s evidence. The refusal to grant an oral hearing was procedurally unfair.

Parties
Claimant: Peter Chester; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
31 March 2011
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review allowed
Legal Topics
Parole Board Procedure, Right to Oral Hearing, Procedural Fairness, Article 5(4) ECHR, Judicial Review of Administrative Decisions
Criminal Law Administrative Law Human Rights Parole Board Procedure Right to Oral Hearing Procedural Fairness Article 5(4) ECHR Judicial Review of Administrative Decisions

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Peter Chester

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the refusal to grant an oral hearing to the claimant by the Parole Board was procedurally unfair
  2. 2 Whether the Parole Board's decision complied with Article 5(4) ECHR

Ratio Decidendi

In the unusual circumstances of this case, where the claimant has been imprisoned for over 33 years and faces continued detention without an oral hearing, procedural fairness required that an oral hearing be granted to allow proper assessment of current risk and consideration of the claimant’s evidence. The refusal to grant an oral hearing was procedurally unfair.

Court Disposition

Application for judicial review allowed

Orders

  • The decision of the Parole Board refusing an oral hearing is quashed.
  • The Parole Board is directed to grant the claimant an oral hearing.