The applicant had been granted judicial review of a decision by the parole board not to grant his release on parole but without having afforded him an oral hearing. The Board now appealed.
Held: The appeal succeeded. The court followed the approach which had been adopted by the Court of Appeal of England and Wales in the cases of Osborn and Booth, concluding that, since the factual issues highlighted by the appellant’s solicitors were not of critical importance, it followed that the board could fairly conclude that an oral hearing would not assist it in its determination of the relevant issue.
Judges:
Higgins LJ, Coghlin LJ, The Rt Hon Sir Anthony Campbell
Citations:
[2011] NICA 6
Links:
Jurisdiction:
Northern Ireland
Citing:
Appeal from – Reilly, Re Judicial Review QBNI 13-Apr-2010
The claimant said that a decision had been made as to his release from prison but without his having had opportunity to make oral representations.
Held: The board had acted in breach of its common law duty to act fairly, and incompatibly with . .
Appeal from – Reilly, Re Judicial Review QBNI 10-May-2010
The court had found that the respondent had acted in breach of the claimant’s human rights in making a decision against his release from prison on parole without affording an opportunity to make oral representations. It now considered the remedy. . .
Applied – Osborn and Another v The Parole Board CA 15-Dec-2010
The three claimants complained that the respondent had made decisions adverse to them as to their release to or recall from parole.
Held: Review was refused. While there was ‘some force in the submission that, contrary to the understanding of . .
Cited by:
Appeal from – Osborn v The Parole Board SC 9-Oct-2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Prisons, Human Rights
Updated: 15 September 2022; Ref: scu.441895