Hovenden, R (on the Application of) v The Parole Board

Hovenden, R (on the Application of) v The Parole Board

The Parole Board applied the correct public protection test as required by statute, and any infelicity of language in the opening paragraph did not affect the substance or legality of the decision.

Parties
Claimant: Kim Hovenden; Respondent: The Parole Board
Jurisdiction
England and Wales
Judgment Date
20 October 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Parole, Public Protection, Judicial Review
Criminal Law Public Law Parole Public Protection Judicial Review

Case Brief

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Parties

Kim Hovenden

Claimant

The Parole Board

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board applied the correct legal test for public protection when deciding continued confinement.
  2. 2 Whether infelicitous language in the opening paragraph of the Parole Board's decision amounted to a legal error.

Ratio Decidendi

The Parole Board applied the correct public protection test as required by statute, and any infelicity of language in the opening paragraph did not affect the substance or legality of the decision.

Court Disposition

claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • The usual costs order is made but not enforced without leave of the court.