Rowe, R (on the application of) v The Parole Board & Anor

Rowe, R (on the application of) v The Parole Board & Anor

The Parole Board Panel failed to properly consider and mitigate the effects of non-disclosure of the victim personal statement, resulting in an unfair hearing and vitiating the decision to refuse release and transfer; this procedural defect requires the decision to be quashed and reconsidered.

Parties
Claimant: Paul Rowe; Defendant: The Parole Board; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
02 April 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
judicial review allowed; Parole Board decision quashed
Legal Topics
Parole Board Procedure, Victim Personal Statements, Disclosure, Fair Hearing, Article 5(4) ECHR
Criminal Law Public Law Human Rights Parole Board Procedure Victim Personal Statements Disclosure Fair Hearing Article 5(4) ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paul Rowe

Claimant

The Parole Board

Defendant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Parole Board's procedure regarding late and non-disclosure of a victim personal statement breached the claimant's rights to a fair hearing
  2. 2 Whether the Panel Chair properly considered mitigation of non-disclosure effects
  3. 3 Whether the Secretary of State's late production of the statement affected the legality of the process

Ratio Decidendi

The Parole Board Panel failed to properly consider and mitigate the effects of non-disclosure of the victim personal statement, resulting in an unfair hearing and vitiating the decision to refuse release and transfer; this procedural defect requires the decision to be quashed and reconsidered.

Court Disposition

judicial review allowed; Parole Board decision quashed

Orders

  • The Parole Board's decision of 7 February 2011 is quashed.
  • The Parole Board must reconsider the claimant's release and transfer to open conditions.