Jarvis, R (on the application of) v Parole Board

Jarvis, R (on the application of) v Parole Board

The Parole Board lawfully applied the statutory test under section 44A, considered all relevant evidence, and was justified in concluding that the claimant presented a high risk of re-offending which could not safely be managed in the community. There was no breach of Article 5 ECHR.

Parties
Claimant: Alan Jarvis; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
31 March 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Parole, Extended Sentences, Article 5 ECHR, Risk Assessment, Judicial Review
Criminal Law Public Law Human Rights Parole Extended Sentences Article 5 ECHR Risk Assessment Judicial Review

Case Brief

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Parties

Alan Jarvis

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to direct re-release was unlawful
  2. 2 Whether the Parole Board breached Article 5 of the European Convention on Human Rights

Ratio Decidendi

The Parole Board lawfully applied the statutory test under section 44A, considered all relevant evidence, and was justified in concluding that the claimant presented a high risk of re-offending which could not safely be managed in the community. There was no breach of Article 5 ECHR.

Court Disposition

application dismissed

Orders

  • no order as to costs
  • order for detailed assessment of claimant's legal aid costs