Parole Board Must Consider All Material Before It
The court was asked whether it was lawful for the Parole Board, when deciding whether to release a prisoner on licence, to take into account material provided by the Secretary of State containing factual allegations about the prisoner’s pre-trial conduct, which formed part of the original prosecution case against him, but in relation to which he was never convicted.
Held: A declaration that the Board’s action was unlawful was refused. The Board was ‘dealing with a case’ within section 239 of the 2003 Act, and was therefore required by the statute to consider all the material placed before it.
Stanley Burnton LJ, King J
[2012] EWHC 882 (Admin), [2012] ACD 83, [2012] 1 WLR 2488, [2012] WLR(D) 114
Bailii, WLRD
Criminal Justice Act 2003 239, Parole Board Rules 2011
England and Wales
Cited by:
Appeal from – McGetrick, Regina (on The Application of) v Parole Board and Another CA 14-Mar-2013
The claimant prisoner appealed against refusal of review of the use of allegations and evidence of offences not tried against him when deciding as to his release on licence. The material would suggest that he might pose a continuing risk to . .
Lists of cited by and citing cases may be incomplete.
Prisons
Leading Case
Updated: 02 November 2021; Ref: scu.452479