Silva, Re Application for Judicial Review [2023] NIKB 9 (10 February 2023)
The panel's decision not to direct release was rationally available on the evidence, as it correctly applied the statutory test, considered all relevant risk factors, and provided detailed reasons. The applicant's arguments did not demonstrate any material error of reasoning or irrationality.
- Citation
- [2023] NIKB 9
- Parties
- Applicant: Valdomar Da Conceicao Silva; Proposed Respondent: Parole Commissioners for Northern Ireland
- Jurisdiction
- Northern Ireland
- Judgment Date
- 10 February 2023
- Procedural Posture
- Judicial Review / Application for Leave to Apply for Judicial Review
- Outcome
- Leave to apply for judicial review refused
- Legal Topics
- Parole, Judicial Review, Irrationality Challenge, Life Sentences, Risk Assessment, Release on Licence
Case Brief
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Parties
Valdomar Da Conceicao Silva
Applicant
Parole Commissioners for Northern Ireland
Proposed Respondent
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Legal Issues
- 1 Whether the Parole Commissioners' refusal to direct release on licence was irrational
- 2 Whether the panel applied the correct legal test under Article 6(4)(b) of the Life Sentences (Northern Ireland) Order 2001
Ratio Decidendi
The panel's decision not to direct release was rationally available on the evidence, as it correctly applied the statutory test, considered all relevant risk factors, and provided detailed reasons. The applicant's arguments did not demonstrate any material error of reasoning or irrationality.
Court Disposition
Leave to apply for judicial review refused
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