John Dawes, R (on the application of) v The Parole Board for England & Wales

John Dawes, R (on the application of) v The Parole Board for England & Wales

The Parole Board's decision was procedurally unfair for failing to provide the Claimant an opportunity to respond to new evidence at a further oral hearing, failing to properly consider the application for a fresh panel, and failing to evaluate allegations in accordance with legal guidance. The decision was also...

Source-derived case information.

Parties
Claimant: John Dawes; Defendant: The Parole Board for England & Wales; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
25 October 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed
Legal Topics
Procedural Fairness, Bias, Mistake of Fact, Parole Board Decisions, Judicial Review, Irrationality
Administrative Law Criminal Law Prison Law Procedural Fairness Bias Mistake of Fact Parole Board Decisions Judicial Review +1 more

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Summary, issues, holding and outcome

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Parties

John Dawes

Claimant

The Parole Board for England & Wales

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's decision not to release the Claimant was procedurally unfair
  2. 2 Whether the Parole Board failed to evaluate allegations in accordance with legal guidance
  3. 3 Whether the Parole Board's decision was irrational due to a material mistake of fact

Ratio Decidendi

The Parole Board's decision was procedurally unfair for failing to provide the Claimant an opportunity to respond to new evidence at a further oral hearing, failing to properly consider the application for a fresh panel, and failing to evaluate allegations in accordance with legal guidance. The decision was also irrational due to a material mistake of fact regarding the police seeking a charging decision, which was not supported by the evidence and not properly scrutinised.

Court Disposition

Decision quashed

Orders

  • The Parole Board's decision dated 27 December 2023 is quashed.