[2008] EWHC 2612 (Admin)

The policy of the Secretary of State for Justice in the Prison Service Order 6300 "Release on Temporary Licence", that a prisoner with a consecutive sentence in default of payment of a confiscation order was ineligible to apply for release on temporary licence during the original sentence, was unlawful as it fettered his discretion. However, a decision letter refusing a particular prisoner release on temporary licence was not susceptible to judicial review because her case had been considered outside the policy.

QBD (Robert Jay QC )

28/10/2008