Practice and Procedure

R (on the application of KEITH HANEY) v SECRETARY OF STATE FOR JUSTICE : R (on the application of PETER JARVIS) v SECRETARY OF STATE FOR JUSTICE (2013)

PUBLISHED April 11, 2013

[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)