Summary
A Parole Board release decision is subject to restrained judicial review. The court must not substitute its own risk assessment for that of the specialist panel. However, where the material before the Board gives substantial reason to doubt a prisoner’s account and indicates potentially important further material, it may be irrational not to undertake further inquiry before assessing risk.
The Board may not determine guilt for untried offences. It may nevertheless consider reliable and fairly obtained information about wider alleged offending when assessing risk. A blanket prohibition on publishing all information about Parole Board proceedings is not authorised by the general rule-making power in Criminal Justice Act 2003 s 239(5). It unjustifiably impairs open justice and access to the court.
Factual background
Three judicial-review claims challenged the Parole Board’s direction to release John Radford, formerly John Worboys, from an indeterminate sentence for serious sexual offences. DSD and NBV, the Mayor of London, and a newspaper group challenged the release direction. They alleged irrationality and a failure to investigate material relevant to the assessment of future risk. They also challenged Rule 25 of the Parole Board Rules 2016, which prohibited public disclosure of information about proceedings.
The court held that the Mayor lacked standing. DSD and NBV’s standing was not in issue. The central questions were whether the Board should have made further inquiry into evidence bearing on wider offending and the prisoner’s credibility, and whether Rule 25(1) was within the power conferred by Criminal Justice Act 2003 s 239(5).
Held
The release direction was quashed. The court rejected the submission that the decision to release was irrational merely because it was surprising, exceptional, or reached without a more probing examination of the prisoner’s evidence. Risk assessment under Crime (Sentences) Act 1997 s 28(6) is a specialist, multi-factorial judgment for the Parole Board. The court does not exercise an appellate jurisdiction over that judgment.
However, the Board acted irrationally by failing to undertake further inquiry. The dossier referred repeatedly to more than 80 potential victims, disclosed inconsistencies in the prisoner’s account, and identified concerns about impression management. It also referred to litigation against the Metropolitan Police. Those matters gave the Board compelling reason to obtain and examine readily available material capable of testing the honesty, reliability and completeness of the account on which the psychological assessments had proceeded.
The Board was not entitled to determine whether the prisoner was guilty of untried offences. It was nevertheless entitled, subject to fairness, to obtain and consider information about wider alleged offending as part of its assessment of risk. Such material could have been used to test his account and to seek reconsideration of the expert assessments. Once obtained, it was so obviously material that it had to be considered.
The case was remitted for a fresh determination by a differently constituted panel. The court encouraged the Board to include a member with judicial experience, but made no finding that continued detention was necessary. That assessment remained for the Board.
Rule 25(1) was ultra vires. The Parole Board exercises judicial power when deciding whether a prisoner may remain confined after expiry of the minimum term. Open justice and the victims’ access to the court therefore entitled them to some information about the release decision. Section 239(5) could authorise withholding confidential information, but did not authorise a blanket and indiscriminate prohibition on all disclosure. Rule 25(1) went further than was necessary and was outside the enabling power.
The court’s approach to earlier authorities
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Appellate history
- High Court (Administrative Court): On 26 January 2018, Supperstone J stayed the prisoner’s release pending the applications for permission for judicial review.
- Divisional Court: On 7 February 2018, permission was granted and disclosure of the release direction and dossier was ordered subject to confidentiality undertakings. This judgment quashed the release direction and held Rule 25(1) of the Parole Board Rules 2016 ultra vires.
Key cases cited
The 30 most senior of 33 authorities cited.
- Khuja v Times Newspapers Ltd [2017] UKSC 49
- Kennedy v The Charity Commission [2014] UKSC 20
- AXA General Insurance Limited and others v The Lord Advocate and others [2011] UKSC 46
- Secretary of State for Justice (Respondent) v James (FC) (Appellant) (formerly Walker and another) R (on the application of Lee) (FC) (Appellant) v Secretary of State for Justice (Respondent) and one other action [2009] UKHL 22
- R (on the application of Corner House Research and others) (Respondents) v Director of the Serious Fraud Office (Appellant) (Criminal Appeal from Her majesty's High Court of Justice) [2008] UKHL 60
- Regina v. Parole Board and another (Respondents) ex parte Giles (FC) (Appellant) [2003] UKHL 42
- Regina v. Secretary of State for the Home Department and another (Respondents) ex parte Anufrijeva (FC) (Appellant). [2003] UKHL 36
- Regina v Special Commissioner and another, Ex p Morgan Grenfell & Co Ltd [2002] UKHL 21
- Regina v. Secretary of State for the Home Department, Ex parte Daly [2001] UKHL 26
- B (A Minor) v Director of Public Prosecutions [2000] 2 AC 428
- R v Secretary of State for the Home Department, Ex parte Simms (R v Governor of Whitemoor Prison, Ex parte Main) [1999] UKHL 33
- Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
- Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates' Court [2012] EWCA Civ 420
- Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (Rev 1) [2010] EWCA Civ 158
- Brooke & Ors , R (on the application of) v The Parole Board & Anor [2008] EWCA Civ 29
- Considine, R v [2007] EWCA Crim 1166
- London Borough of Newham v Khatun & Ors [2004] EWCA Civ 55
- Brooks, R (on the application of) v Parole Board [2004] EWCA Civ 80
- Secretary of State for the Home Department v Sim & Anor [2003] EWCA Civ 1845
- R (West) v Parole Board [2002] EWCA Civ 1641
- R v Parole Board, Ex parte Watson (Watson, Ex parte) [1996] 1 WLR 906
- R v Secretary of State for the Home Department, Ex parte Leech [1994] QB 198
- Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1947] EWCA Civ 1
- Privacy International, R (On the Application Of) v The Commissioner for HM Revenue & Customs [2014] EWHC 1475 (Admin)
- McGetrick, R (on the application of) v The Parole Board & Anor [2012] EWHC 882 (Admin)
- Alvey, R (on the application of) v The Parole Board [2008] EWHC 311 (Admin)
- R v Kidd (R v Canavan, R v Shaw (Dennis)) [1998] 1 WLR 604
- R v Secretary of State for Foreign and Commonwealth Affairs, Ex parte Rees-Mogg (Rees-Mogg, Ex parte) [1994] QB 552
- P v Liverpool Daily Post and Echo Newspapers Plc (Pickering v Liverpool Daily Post and Echo Newspapers Plc, Pickering v Associated Newspapers Holdings Plc) [1991] 2 AC 370
- In re Findlay (Hogben, In re, Honeyman, In re, Matthews, In re) [1985] AC 318
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Cases citing this case
37 later cases · 17 positive · 9 neutral · 11 caution
Most senior citing decisions:
- R (on the application of Pearce and another) v Parole Board of England and Wales [2023] UKSC 13 applied
- Shamima Begum v The Secretary of State for the Home Department [2024] EWCA Civ 152 considered
- The Good Law Project, R (on the application of) v The Prime Minister & Ors [2022] EWCA Civ 1580 considered
- Hoareau & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs [2020] EWCA Civ 1010
- Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657
- The Secretary of State for Justice, R (on the application of) v The Parole Board for England and Wales [2026] EWHC 1382 (Admin)
- CYK, R (on the application of) v Kent County Council [2026] EWHC 779 (Admin)
- Thu Van Nguyen, R (on the application of) v Secretary of State for Justice [2025] EWHC 2024 (Admin)
- Michael-Karim Kerman, R (on the application of) v Charity Commission for England and Wales [2025] EWHC 1223 (Admin)
- Lee Hickman, R (on the application of) v The Parole Board for England and Wales [2024] EWHC 3209 (Admin)
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