Parole Hearings – consideration of unproven allegations (Morris v Parole Board) – Georgia Beatty & Joe O’Leary for Lexis Nexis PSL – 5SAH
‘A Parole Board is not only entitled to consider unproven criminal allegations made against the prisoner, but is expected to do so. The 2019 ‘Guidance on Allegations’ issued by the Secretary of State for Justice (SSJ) is consistent with decided authority and is not unlawful. ‘Mere allegations’ with no evidential basis whatsoever should not be considered. However, where there is sufficient evidential material for a Board to make ‘at least some findings of fact’, an unproven allegation should be taken into account as part of the Board’s overall risk assessment. The strength or weakness of the supporting material will go to the weight that a Board is entitled to place on the allegation in that assessment. Consideration of unproven allegations is subject to relevance and the overriding requirement that a Parole Board must act fairly.’
5SAH, 8th April 2020
Source: www.5sah.co.uk
