[2013] EWHC 803 (Admin)
A policy that prioritised the transfer to open conditions of post-tariff prisoners ahead of pre-tariff prisoners was a breach of the Secretary of State for Justice's duty to allow indeterminate sentence prisoners a reasonable opportunity to demonstrate to the Parole Board that it was no longer necessary that they should remain in prison. Failure to publish that policy was a further breach of duty.
QBD (Admin) (Lang J)
11/04/2013