Source: All England Reporter
Publisher Citation: [2009] All ER (D) 02 (Oct)
Neutral Citation: [2009] EWHC 2370 (Admin)
Court: Queen's Bench Division, Administrative Court (Manchester)

Irwin J

Representation Pete Weatherby (instructed by Scott-Moncrieff, Harbour & Sinclair) for the claimant.
  Clive Sheldon (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 6 July 2009


Prison - Prisoner - Management and treatment of prisoners - Review - Post-tariff lifer seeking immediate release or transfer to open conditions on review before parole board - Board declining to release or transfer despite evidence to contrary - Whether board's decision irrational.

The Case

Prison Prisoner. The Administrative Court held that the parole board had acted irrationally in deciding not to allow the claimant - a long-serving lifer whose tariff had expired at the relevant date - to be transferred to open conditions or immediately released, despite evidence from experts who had recommended that at least one of those two courses of action was to be adopted.

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