Source: All England Reporter
Publisher Citation: [2005] All ER (D) 205 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Clare Montgomery QC (Sitting as a Deputy Judge of the High Court)

Representation Flo Krause (instructed by Nelsons) for the claimant.
  Parishil Patel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 November 2005

Catchwords

Prison - Life sentence - Mandatory life sentence - Prisoner - Parole panel recommending transfer to open prison - Secretary of State refusing to transfer to open conditions - Whether refusal unfair or irrational.

The Case

In the circumstances, the defendant Secretary of State had acted neither unfairly nor irrationally in refusing to transfer the claimant life prisoner to open conditions.

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