Source: All England Reporter
Publisher Citation: [2011] All ER (D) 109 (Nov)
Neutral Citation: [2011] EWHC 2924 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Lindblom J
Representation Jude Bunting for the claimant.
  John Hunter for the defendant.
Judgment Dates: 14 November 2011

Catchwords

Prison - Release on licence - Indeterminate sentence - Sentence of imprisonment for public protection - Prisoner seeking release or transfer to open conditions - Prisoner obtaining letter from his solicitors supporting his release or transfer - Letter not being before panel or parole board - Parole board refusing release or transfer - Prisoner seeking judicial review of board's decision - Whether decision of board lawful.

The Case

Prison Release on licence. The Divisional Court held that a decision of the parole board (the board) regarding whether to transfer to open conditions a post-tariff prisoner could not be allowed to stand, as the prisoner's representations in his review process had not been entertained by the board when the merits of the case were being considered.

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