Practice and Procedure

R (on the application of OAKES) v SECRETARY OF STATE FOR JUSTICE & ORS (2010)

PUBLISHED October 22, 2010

[2010] EWCA Civ 1169

Once the secretary of state had determined that a prisoner was not eligible for automatic release under the Criminal Justice Act 2003 s.255A(5), he was not obliged to keep the prisoner's eligibility under review. If he was not considered suitable for release, and the decision to that effect was not challenged in the courts, the prisoner had to be dealt with in accordance with s.255C.

CA (Civ Div) (Pill LJ, Rimer LJ, Black LJ)