McGetrick, R (on the application of) v The Parole Board & Anor
The Parole Board is statutorily required to consider all documents provided by the Secretary of State, including untried material, when making substantive recommendations regarding prisoner release; PSO 6000 does not prohibit such material for risk assessment purposes, and fairness is preserved by allowing the prisoner to respond to allegations.
- Parties
- Claimant: Gregory McGetrick; Defendant: The Parole Board; Defendant: The Secretary of State for Justice
- Jurisdiction
- England and Wales
- Judgment Date
- 04 April 2012
- Procedural Posture
- Judicial Review / Final Judgment
- Legal Topics
- Parole Board Procedure, Admissibility of Evidence, Natural Justice, Judicial Review, Statutory Interpretation
Case Brief
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Parties
Gregory McGetrick
Claimant
The Parole Board
Defendant
The Secretary of State for Justice
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Parole Board can lawfully consider untried material when deciding on prisoner release
- 2 Whether submission of untried material breaches Prison Service Order 6000
- 3 Whether consideration of untried material is procedurally unfair or contrary to natural justice
Ratio Decidendi
The Parole Board is statutorily required to consider all documents provided by the Secretary of State, including untried material, when making substantive recommendations regarding prisoner release; PSO 6000 does not prohibit such material for risk assessment purposes, and fairness is preserved by allowing the prisoner to respond to allegations.
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