Rawnsley, R (on the application of) v The Parole Board for England and Wales

Rawnsley, R (on the application of) v The Parole Board for England and Wales

The Parole Board's decision was irrational because it failed to properly consider the option of release to approved premises, having disregarded unchallenged evidence that such premises were available, and proceeded directly from the unsuitability of the parental home to continued detention without adequate reasoning.

Source-derived case information.

Parties
Claimant: Mark Rawnsley; Defendant: The Parole Board for England and Wales
Jurisdiction
England and Wales
Judgment Date
29 October 2010
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Decision of the Parole Board quashed; rehearing ordered before a differently-constituted panel.
Legal Topics
Parole, Imprisonment for Public Protection (ipp), Judicial Review, European Convention on Human Rights Article 5(4)
Criminal Law Administrative Law Human Rights Parole Imprisonment for Public Protection (ipp) Judicial Review European Convention on Human Rights Article 5(4)

Source-derived case record

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Parties

Mark Rawnsley

Claimant

The Parole Board for England and Wales

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board applied the correct legal test for release under IPP.
  2. 2 Whether the Parole Board gave adequate reasons for its decision.
  3. 3 Whether the decision was irrational for failing to consider release to approved premises.

Ratio Decidendi

The Parole Board's decision was irrational because it failed to properly consider the option of release to approved premises, having disregarded unchallenged evidence that such premises were available, and proceeded directly from the unsuitability of the parental home to continued detention without adequate reasoning.

Court Disposition

Decision of the Parole Board quashed; rehearing ordered before a differently-constituted panel.

Orders

  • The decision of the Parole Board dated 5 May 2010 is quashed.
  • The matter is remitted for rehearing before a differently-constituted panel at an early date.