Practice and Procedure

R (ON THE APPLICATION OF FRANCIS) v SECRETARY OF STATE FOR THE HOME DEPARTMENT : R (ON THE APPLICATION OF CLARKE) V SECRETARY OF STATE FOR THE HOME DEPARTMENT (2004)

PUBLISHED July 30, 2004
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[2004] EWHC 2143 (Admin)

The Criminal Justice Act 1991 s.39 did not confine a prisoner who had been released on licence but recalled to prison to making only one set of written representations about his recall but it did not enable repeated further written representations to be made regardless of their merit. It was for the secretary of state to decide whether the further written representations demonstrated a material change in circumstances relevant to the recall decision so as to give rise to the duty to refer them to the Parole Board.

QBD (Admin) (Harrison J)

30/07/2004

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