ROBERT MCPHEE FOR JUDICIAL REVIEW [2023] ScotCS CSOH_3 (24 January 2023)
The refusal to hold an oral hearing was not procedurally unfair because the central facts were not in dispute, the petitioner's position was adequately presented in writing, and the outstanding requirement to complete the Self Change Programme was determinative. The Board applied the correct legal test and acted within its discretion. The petitioner failed to demonstrate actual unfairness in the procedure.
- Citation
- [2023] ScotCS CSOH_3
- Parties
- Petitioner: Robert McPhee; Respondent: Parole Board for Scotland
- Jurisdiction
- Scotland
- Judgment Date
- 24 January 2023
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- petition refused
- Legal Topics
- Parole, Procedural Fairness, Oral Hearings, Judicial Review, Risk Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Robert McPhee
Petitioner
Parole Board for Scotland
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Parole Board's refusal to hold an oral hearing was procedurally unfair
- 2 Whether the Board's decision not to recommend release was lawful
Ratio Decidendi
The refusal to hold an oral hearing was not procedurally unfair because the central facts were not in dispute, the petitioner's position was adequately presented in writing, and the outstanding requirement to complete the Self Change Programme was determinative. The Board applied the correct legal test and acted within its discretion. The petitioner failed to demonstrate actual unfairness in the procedure.
Court Disposition
petition refused
Orders
- Respondents' pleas-in-law upheld
- Petitioner's pleas-in-law repelled
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