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

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

The panel's decision was not irrational or unlawful; the requirement for additional work was adequately specified and the inability to carry out the work was due to lack of facilities, which is the Secretary of State's responsibility, not the Parole Board's.

Source-derived case information.

Parties
Claimant: Marlon Stubbs; Respondent: The Parole Board for England and Wales
Jurisdiction
England and Wales
Judgment Date
12 January 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review declined
Legal Topics
Parole Board Decisions, Imprisonment for Public Protection, Judicial Review, Rationality of Administrative Decisions, Secretary of State's Directions
Criminal Law Administrative Law Prison Law Parole Board Decisions Imprisonment for Public Protection Judicial Review Rationality of Administrative Decisions Secretary of State's Directions

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Parties

Marlon Stubbs

Claimant

The Parole Board for England and Wales

Respondent

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether the Parole Board's refusal to recommend transfer to open prison was irrational
  2. 2 Whether the requirement for additional offending-behaviour work was inadequately specified or unworkable

Ratio Decidendi

The panel's decision was not irrational or unlawful; the requirement for additional work was adequately specified and the inability to carry out the work was due to lack of facilities, which is the Secretary of State's responsibility, not the Parole Board's.

Court Disposition

Application for judicial review declined