R v Parole Board, ex parte Lodomez

JurisdictionEngland & Wales
CourtQueen's Bench Division
Judgment Date03 August 1994
Date03 August 1994

Queen's Bench Divisional Court

Regina
and
Parole Board, Ex parte Lodomez

Parole Board - release on licence - reasons for refusal must be written

Parole Board reasons must be written

When deciding not to order the release on licence of a discretionary life prisoner, the Parole Board had to record in writing not only its decision but also its reasons for that decision.

The Queen's Bench Divisional Court (Lord Justice Leggatt and Mr Justice Buxton) so stated on May 4 when quashing a decision of the Parole Board on June 29...

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6 cases
  • Caffrey v Governor of Portlaoise Prison
    • Ireland
    • Supreme Court
    • 1 February 2012
    ...ART 6 CRIMINAL JUSTICE ACT 2003 SCHED 22 (UK) CRIME (SENTENCES) ACT 1997 S28(6)(B) R v PAROLE BOARD, EX PARTE LODOMEZ 1994 COD 525 26 BMLR 162 TRANSFER OF SENTENCED PERSONS ACT 1995 S1(1) CONVENTION ON THE TRANSFER OF SENTENCED PERSONS 21.3.1983 ART 9(3) CONVENTION ON THE TRANSFER OF SENTEN......
  • R v Parole Board, ex parte Watson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 March 1996
    ...was substantially (if not technically) at liberty. There was no longer a presumption in favour of continued imprisonment (see R v Parole Board ex parte Lodomez, unreported, 4 May 1994). Ground had now to be shown for depriving the former prisoner of the freedom he had been held entitled to ......
  • R (on the application of Sturnham) v The Parole Board of England and Wales and another (No. 2)
    • United Kingdom
    • Supreme Court
    • 3 July 2013
    ...that the prisoner should be confined". The approach established at common law by Ex p Bradley and Ex p Wilson was, in R v Parole Board, Ex p Lodomez (1994) 26 BMLR 162, held applicable under the statutory test introduced by section 28(6)(b). Leggatt LJ in the Divisional Court in Ex p Lodome......
  • R (Girling) v Parole Board and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 December 2006
    ...no doubt for this reason that courts have used somewhat different expressions in describing the position under section 32(6) . In R v Parole Board ex p Gordon, unreported, 7 November 2000, Smith J asked whether the Board had carried out a balancing exercise "as required by the statutory dir......
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