Practice and Procedure

R (on the application of MICHAEL FOX) v SECRETARY OF STATE FOR JUSTICE (2012)

PUBLISHED July 26, 2012

[2012] EWHC 2411 (Admin)

The Secretary of State for Justice had wrongly applied an exceptionality test to the question of whether or not there should have been an oral hearing to review the Category A status of a sexual offender. Procedural fairness required that an oral hearing should be held to determine the prisoner's current level of risk.

QBD (Admin) (Judge Stewart QC)