免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Prison & Parole
Supreme Court
2013

R (Osborn) v Parole Board

[2013] UKSC 61

判决理由

Common law fairness requires the Parole Board to hold an oral hearing whenever fairness to the prisoner requires one. The Board must not adopt an unduly restrictive approach to directing oral hearings.

事实

Three prisoners challenged Parole Board decisions made on paper without oral hearings. They argued that fairness required an oral hearing before their cases could be properly determined.

判决摘要

The Supreme Court held that the Parole Board must hold oral hearings whenever fairness requires them. Important factual issues that cannot be resolved on the papers, or issues of credibility, will normally require an oral hearing.

关键引述

"The common law duty of procedural fairness does not stand still. It requires the Board to hold oral hearings whenever fairness to the prisoner requires one."

Lord Reed

后续处理

Leading Authority

Led to significant increase in Parole Board oral hearings.