Source: All England Reporter
Publisher Citation: [2010] All ER (D) 28 (Oct)
Neutral Citation: [2010] EWHC 2303 (Admin)
Court: Queen's Bench Division, Administrative Court (Leeds)
Judge:

Judge Grenfell sitting as a judge of the High Court

Representation Jason Elliott (instructed by Chivers Solicitors) for the claimant.
  Simon Murray (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 15 September 2010

Catchwords

Prison - Prisoner - Re-categorisation - Refusal - Claimant category B prisoner serving 11-year sentence for serious sexual offences - Claimant seeking re-categorisation to category C status - Defendant governor refusing to downgrade claimant - Reason for refusal set out in official form based on claimant's continued denial of guilt and consequent inability to participate in appropriate programmes - Governor subsequently giving further reasons for refusal not based on denial of guilt - Whether governor erring.

The Case

Prison Prisoner. The Administrative Court dismissed the claimant category B prisoner's application for judicial review of the defendant prison governor's refusal to downgrade him to category C status, where in all the circumstances the decision contained no error of law.

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