In re CD (Original Respondent and Cross-appellant) (Northern Ireland)

This appeal concerned the procedures followed by the Life Sentence Review Commissioners in deciding whether a prisoner, who had been released on licence and subsequently recalled to prison, should be released. The Commissioners had decided not to direct his release and the prisoner brought an application for judicial review of that decision. The application was dismissed by the High Court but allowed by the Court of Appeal. The Commissioners appealed to the House of Lords, and the prisoner cross-appealed. The main issue before the House was the standard of proof that the Commissioners had to apply in reaching their decision. The Court of Appeal held that the Commissioners had applied the wrong standard of proof, requiring more cogent evidence than would be conventionally required, and quashed their decision. The House held that there is only one civil standard of proof, on the balance of probabilities, and that the Court of Appeal had erred in requiring a higher standard of proof. The House also held that the procedure followed by the Commissioners was not unfair to the prisoner and that there had been no unlawful delay in reaching a decision. The House allowed the Commissioners' appeal and dismissed the prisoner's cross-appeal. The decision of the Court of Appeal was quashed and the original decision of the Commissioners was restored.