Reilly, Re Judicial Review [2011] NICA 6 (6 April 2011)

Reilly, Re Judicial Review [2011] NICA 6 (6 April 2011)

There is no absolute right to an oral hearing before the Parole Board for prisoners serving indeterminate sentences. The necessity for an oral hearing is determined by the requirements of procedural fairness in the circumstances of the particular case, including the existence of factual disputes, issues of credibility, or where oral evidence may assist the Board. In this case, the Parole Board was entitled to refuse an oral hearing as the decision was based on the applicant's failure to complete offending behaviour programmes, and an oral hearing would not have affected the outcome.

Citation
[2011] NICA 6
Parties
Applicant/respondent: James Clyde Reilly; Appellant: Parole Board; Appellant: Secretary of State for Justice
Jurisdiction
Northern Ireland
Judgment Date
06 April 2011
Procedural Posture
Judicial Review / Appeal From High Court Decision
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Parole Board Procedures, Article 5(4) ECHR, Procedural Fairness, Right to Oral Hearing, Indeterminate Sentences
Public Law Human Rights Law Criminal Law Parole Board Procedures Article 5(4) ECHR Procedural Fairness Right to Oral Hearing Indeterminate Sentences

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Parties

James Clyde Reilly

Applicant/respondent

Parole Board

Appellant

Secretary of State for Justice

Appellant

Procedural Posture

Judicial Review / Appeal From High Court Decision

Legal Issues

  1. 1 Whether Article 5(4) ECHR or common law requires an oral hearing before the Parole Board for prisoners serving indeterminate sentences
  2. 2 Whether there is an absolute right to an oral hearing in such cases
  3. 3 Whether procedural fairness required an oral hearing in the applicant's specific circumstances

Ratio Decidendi

There is no absolute right to an oral hearing before the Parole Board for prisoners serving indeterminate sentences. The necessity for an oral hearing is determined by the requirements of procedural fairness in the circumstances of the particular case, including the existence of factual disputes, issues of credibility, or where oral evidence may assist the Board. In this case, the Parole Board was entitled to refuse an oral hearing as the decision was based on the applicant's failure to complete offending behaviour programmes, and an oral hearing would not have affected the outcome.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • The decision of the High Court (Treacy J) quashing the Parole Board's refusal to grant an oral hearing is set aside.
  • No absolute right to an oral hearing is established; the Parole Board's decision stands.