R (Duff) v. SSJ
[2024] EWHC 917 (Admin)
26 Apr 2024
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The Administrative Court (Mr Justice Kerr) has handed down a judgment in a judicial review challenge to the Secretary of State for Justice’s decision to terminate the Claimant’s membership of the Parole Board upon the recommendation of a specially constituted panel. This is the first ever case in which the power to remove a Parole Board member has been exercised. The claim was dismissed.
In dismissing the claim, Mr Justice Kerr found that the Claimant’s handling of the release decision which had led to the termination of her membership did not fall within the scope of the protection accorded to judicial acts done in good faith. Instead, it fell into the category of a failure to act judicially, applying the distinction set out in Durity v AG of Trinidad and Tobago [2008] UKPC 59. The panel’s findings were clear findings of misconduct and gross negligence, on the basis that the Claimant had not read the papers or prepared the case properly before directing release. Termination of the Claimant’s membership in that context did not represent an interference with judicial independence and was not unreasonable.
The full judgment can be found here.
Mark Vinall and Will Bordell appeared on behalf of the Secretary of State for Justice.
Fraser Campbell appeared on behalf of the Parole Board.
