Secretary of State for Justice had acted unlawfully by failing to consider the transfer of IPP prisoners to open conditions outside of a parole review i.e. without a Parole Board review and recommendation. The Court granted a declaration to that effect, and ordered that the Defendant decide whether the Claimant's circumstances are sufficiently compelling or exceptional, such that he can be transferred to open conditions without a Parole Board recommendation.

Judgement: Guittard, R (on the application of) v Secretary of State for Justice [2009] EWHC 2951 (Admin) (18 November 2009)

Related barristers:

30.11.09

Prison JR: SSJ acted unlawfully in respect of the transfer of IPP prisoners to open conditions

In this judicial review, the Administrative Court (HHJ Stewart QC) found that the Secretary of State for Justice had acted unlawfully by failing to consider the transfer of IPP prisoners to open conditions outside of a parole review i.e. without a Parole Board review and recommendation. The Court granted a declaration to that effect, and ordered that the Defendant decide whether the Claimant'€™s circumstances are sufficiently compelling or exceptional, such that he can be transferred to open conditions without a Parole Board recommendation.