Grounds for Judicial Review

19 Jan 2018 04:09 PM

This sets out the grounds upon which a judicial review may be sought in the context of parole

Judicial review of Parole Board decisions is governed by Civil Procedure Rules (CPR) 1998 Part 5 section 1. Judicial review claims of Parole Board Decisions must be issued on the Administrative Court Office.

More information on issuing judicial review claims on the Administrative Court Office can be found here

In the context of parole the grounds upon which a judicial review may be sought are:

• Where there is an error in law ( for example the Board applies the wrong test for release, or acts outside its statutory powers, takes into account irrelevant matters or fails to consider relevant ones)
• Where there is procedural impropriety, that is unfairness in the decision making process (for example failure to disclose documents to enable representations to be made, refusal to call relevant witnesses or giving inadequate reasons)
• Where the decision is irrational, that is so unreasonable as to be unsustainable, or where there is an abuse of power.
• Where the body in question has breached the requirement to act compatibly with rights under the European Convention on Human Rights (ECHR).