Source: All England Reporter
Publisher Citation: [2002] All ER (D) 100 (Apr)
Neutral Citation: [2002] EWCA Civ 498
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Judge and Carnwath LJJ
Representation Tim Owen QC and Phillippa Kaufmann (instructed by Hodge Jones & Allen) for the claimant.
  Philip Sales and Karen Steyn (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 April 2002

Catchwords

Prisoner - Life sentence - Discretionary life sentence - Post-tariff category A prisoner - Review of categorisation by category A review committee preceded by decision of Discretionary Lifer Panel of Parole Board to refuse release on licence - Panel taking view that prisoner unable to access opportunities to demonstrate reduced risk to public without re-categorisation - Review committee refusing to re-categorise - Whether prisoner entitled to full disclosure of reports before review committee - Whether prisoner entitled to oral hearing before review committee.

The Case

There were exceptional cases in which, subject to public interest immunity issues, the material available to the category A review committee, and in particular the reports on a prisoner rather their gist, should be disclosed, and the prisoner permitted an oral hearing.

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