Source: All England Reporter
Publisher Citation: [2009] All ER (D) 143 (Aug)
Neutral Citation: [2009] EWHC 2142 (Admin)
Court: Queen's Bench Division, Administrative Court (Leeds)

Judge Langan QC sitting as a judge of the High Court

Representation Matthew Stanbury (instructed by Grayson Willis Bennett, Sheffield) for the claimant.
  Ashley Serr (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 August 2009


Prison - Prisoner - Management and treatment of prisoners - Transfer - Claimant prisoner being transferred to open prison following expiry of tariff period - Secretary of State deciding to direct claimant's return to closed conditions - Allegation that claimant and/or his advisers unable to comment upon decision-making process that led to Secretary of State's decision - Whether procedural unfairness.

The Case

Prison Prisoner. Queen's Bench Division, Administrative Court (Leeds): The court dismissed the instant application for judicial review finding that the decision to transfer the claimant prisoner from open conditions to closed conditions at some stage after his first parole board review was not procedurally unfair. An order was made for the Secretary of State to reconsider the claimant's categorisation, but only if within two weeks from the date of the court's judgment the board had not fixed a hearing for no later than 30 October 2009.

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