Practice and Procedure

R (on the application of NEZAR HINDAWI) v SECRETARY OF STATE FOR JUSTICE (2011)

PUBLISHED April 1, 2011

[2011] EWHC 830 (QB)

In considering whether to accept the parole board's recommendation concerning the release of a prisoner under the Criminal Justice Act 1991 s.35, the secretary of state had acted unfairly by basing his decision upon a document prepared by his department officials setting out the reasons for refusing parole but not the reasons for granting it. Fairness demanded that the issues be put to him in a balanced way.

QBD (Admin) (Thomas LJ, Nicola Davies J)