R (Osborn) v Parole Board
[2013] UKSC 61
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
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.
Facts
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.
Judgment Summary
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.
Key Quotes
"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
Subsequent Treatment
Led to significant increase in Parole Board oral hearings.
What To Do Next
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