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R (Robert Gardner) v Parole Board [2006] EWCA Civ 1222

Rules 19(2) 19(3) of the Parole Board Rules 2004 gave the Parole Board power to exclude a prisoner from part of a hearing while evidence was being taken from a vulnerable witness.

15 September 2006

The appellant prisoner (G) appealed against the decision ([2005] EWHC 2981 (Admin)) that the Parole Board had power to exclude him from part of a hearing while evidence was being taken from his former wife and that that power had been lawfully exercised. G had been convicted of murder and sentenced to life imprisonment. He had been released on licence but had been recalled to prison after committing an offence of grievous bodily harm. He had again been released on licence and had been reconciled with his former wife. Soon after he had allegedly assaulted her and his probation officer had recommended urgent revocation of the licence because G presented an escalating risk of harm to his former wife. The secretary of state revoked G’s licence and he was returned to prison. The Parole Board considered whether to direct his release at a hearing governed by the Parole Board Rules 2004. G’s former wife was fearful of him and unwilling to give evidence in his presence and the panel dire...

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