M v The Parole Board & anor [2018] IEHC 531 (02 October 2018)

M v The Parole Board & anor [2018] IEHC 531 (02 October 2018)

The Minister's statutory power to grant parole under s.2 of the Criminal Justice Act 1960 applies only to prisoners in prison, not those detained in the Central Mental Hospital under s.15 of the Criminal Law (Insanity) Act 2006. The Parole Board has no role in reviewing detention of prisoners in CMH. There is no unlawful fettering of discretion, and the applicant's detention and review process operate within statutory and constitutional bounds. Judicial review is not warranted absent capricious, arbitrary, or unjust exercise of executive power, which is not present here.

Citation
[2018] IEHC 531
Parties
Applicant: M; Respondent: The Parole Board; Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
02 October 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Parole Eligibility, Temporary Release, Remission of Punishment, Fettering of Discretion, Executive Clemency, Detention Review, Transfer of Prisoners, Mental Disorder and Criminal Justice
Criminal Law Mental Health Law Administrative Law Constitutional Law Parole Eligibility Temporary Release Remission of Punishment Fettering of Discretion +4 more

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Parties

M

Applicant

The Parole Board

Respondent

The Minister for Justice and Equality

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Minister and Parole Board unlawfully fettered discretion by refusing to consider parole, remission, or temporary release for a prisoner detained in the Central Mental Hospital under s.15 of the Criminal Law (Insanity) Act 2006
  2. 2 Whether statutory powers for parole, remission, or temporary release apply to prisoners detained in the Central Mental Hospital
  3. 3 Whether the refusal to consider parole constitutes a breach of rights or is arbitrary, capricious, or unjust

Ratio Decidendi

The Minister's statutory power to grant parole under s.2 of the Criminal Justice Act 1960 applies only to prisoners in prison, not those detained in the Central Mental Hospital under s.15 of the Criminal Law (Insanity) Act 2006. The Parole Board has no role in reviewing detention of prisoners in CMH. There is no unlawful fettering of discretion, and the applicant's detention and review process operate within statutory and constitutional bounds. Judicial review is not warranted absent capricious, arbitrary, or unjust exercise of executive power, which is not present here.

Court Disposition

Application refused

Orders

  • All reliefs sought are refused