(1) The Secretary of State for Justice (respondent/appellant) v Sneddon (claimant/respondent) (2) Oakley (claimant/appellant) v The Secretary of State for Justice (defendant/respondent)
Wednesday 16 October 2024
(1) By Appellant’s Notice filed on 11 January 2024, the defendant below, the Secretary of State for Justice, appeals the decision of Fordham J, sitting as a Judge of the High Court, judgment being delivered on 21 December 2023.
The Judge allowed the judicial review of the Secretary of State’s decision to refuse to transfer the respondent (claimant below) to open conditions.
This appeal therefore concerns the exercise of the power of the Secretary of State for Justice to transfer prisoners to open conditions.
The questions raised by this appeal are as to the correct approach to be applied in the event that the Secretary of State decides not to accept the Parole Board’s advice. That is what occurred in this case.
(2) The Appellant challenged, by way of judicial review, the decision of the Secretary of State for Justice to reject the recommendation of the Parole Board on 25 May 2021 that he be transferred to open conditions.
HHJ Keyser KC dismissed the judicial review finding that the Secretary of State was entitled to reach the decision he did.
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