Whittle, Re Application for Judicial Review [2022] NIKB 7 (13 September 2022)

Whittle, Re Application for Judicial Review [2022] NIKB 7 (13 September 2022)

The Panel of Parole Commissioners correctly applied the statutory test for release, considered the availability and relevance of licence conditions, and relied on professional evidence that the applicant was not yet suitable for release. No error of law was demonstrated.

Citation
[2022] NIKB 7
Parties
Applicant: Barry Whittle; Proposed Respondent: Parole Commissioners for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
13 September 2022
Procedural Posture
Judicial Review / Application for Leave
Outcome
Leave to apply for judicial review refused
Legal Topics
Parole, Judicial Review, Licence Conditions, Extended Custodial Sentence
Criminal Law Administrative Law Parole Judicial Review Licence Conditions Extended Custodial Sentence

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Parties

Barry Whittle

Applicant

Parole Commissioners for Northern Ireland

Proposed Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the Parole Commissioners erred in law by failing to address appropriate licence conditions before applying the statutory test for release

Ratio Decidendi

The Panel of Parole Commissioners correctly applied the statutory test for release, considered the availability and relevance of licence conditions, and relied on professional evidence that the applicant was not yet suitable for release. No error of law was demonstrated.

Court Disposition

Leave to apply for judicial review refused