Practice and Procedure

R (on the application of BENSON) v SECRETARY OF STATE FOR JUSTICE (2007)

PUBLISHED August 20, 2007

[2007] EWHC 2055 (Admin)

The Criminal Justice Act 2003 s.255(2), which provided for a prisoner released on conditional licence to make representations to the Secretary of State for Justice concerning any decision of the secretary of state to revoke his licence, was compatible with the European Convention on Human Rights 1950 Art.5(4). The secretary of state was under a common law duty to act reasonably and fairly in considering such representations and in the instant case he had failed to discharge that duty.

QBD (Admin) (Collins J)