Chater, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 2 Aug 2010

The claimant sought judicial review of his treatment after recall to prison from licence. He had a history of the sexual abuse of children. A police surveillance report had been rejected by the Parole Board, but they had nevertheless continued his detention.
Held: The Parole Board had a two stage decision, first as to whether the recall had been inappropriate, but also, and in any event, whether its own risk assessment suggested that a release was appropriate. Although it had mis-stated the decision mechanism, that did not entitle the claimant to the quashing of the decision. He had not challenged two earlier decisions that he remained a risk.

Pelling QC J
[2010] EWHC 2257 (Admin)
Powers of Criminal Court Sentencing Act 2000 85, Criminal Justice Act 2003 239 254
England and Wales
CitedRegina (Gulliver) v Parole Board CA 4-Jul-2007
The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall.
Held: The prisoner’s appeal . .
CitedPennington, Regina (On the Application of) v The Parole Board Admn 18-Sep-2009
The court considered possible human rights infringements caused by delay in the processing of Parole Board hearings. . .
CitedBetteridge, Regina (On the Application of) v the Parole Board Admn 23-Jun-2009
Application was made for damages after a wrongful delay in the prisoner’s release.
Held: Collins J urged practitioners not to pursue actions which are ‘not likely to achieve any sensible redress’. Claims in damages cannot be brought unless it . .
CitedSecretary of State for the Home Department v Sim and The Parole Board CA 19-Dec-2003
The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. . .
CitedRegina (Sim) v Secretary of State for the Home Department Admn 11-Feb-2003
The defendant had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should . .
CitedJarvis, Regina (on the Application of) v Parole Board Admn 31-Mar-2004
The prisoner challenged his continued detention after release on licemce and recall. He was subject to an extended sentence. He submitted that the objective of the sentence was that following a period to be served in custody he should be released . .
CitedRegina (Dean Solomon) v The Parole Board Admn 2006
. .

Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 02 November 2021; Ref: scu.424085