Source: All England Reporter
Publisher Citation: [2007] All ER (D) 479 (Jul)
Neutral Citation: [2007] EWHC 1835 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Laws LJ and Mitting J
Representation Michael Burke (instructed by Russell & Russell) for the Wells.
  James Eadie (instructed by the Treasury Solicitor) for the Parole Board.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State for Justice in the case of Wells.
  Tim Owen QC and Hugh Southey (instructed by Irwin Mitchell) for Walker.
  Robert Jay QC and Nicola Greaney (instructed by the Treasury Solicitor) for the Secretary of State in the case of Walker.
Judgment Dates: 31 July 2007

Catchwords

Prison - Release on licence - Indeterminate life sentence - Sentence of imprisonment for public protection - Expiry of tariff element - No provision for claimants to undertake offending behaviour work or courses in prison - Claimants ability to demonstrate to Parole Board that he should be released on licence - Whether Secretary of State's actions in dealing with those sentenced to indeterminate prison sentences or those imprisoned for public protection unlawful - , s 225.

The Case

Prison Release on licence. The existence of measures to allow and encourage a person service a sentence of imprisonment for public protection imposed under s225 of the to progress was as inherent in the justification for his continued detention as were the parole board reviews themselves; and without them that detention fell to be condemned as unlawful as surely as if there were no such reviews. Accordingly the Secretary of State's management of treatment of those prisoners was contrary to law since no measures were in place to ensure that necessary courses were available.

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