Wednesday 24th November 2021
The Claimant appeals the order of Bourne J dated 16 December 2020 by which he dismissed his claim for judicial review.
In 2009 the Claimant, then aged 27, committed offences of sexual assault by penetration and sexual assault of two women whom he met in the street. He pleaded guilty to these offences. The Court was told about previous convictions including one for a sexual assault on a 13 year old girl in 2005. On 13 October 2010 he was sentenced to imprisonment for public protection with a minimum term of 3 years (less time spent on remand) which expired on 7 November 2013. He is now aged 38 and remains in prison.
The Claimant’s application for judicial review arises from the decision of the First Defendant (the Board) dated 20 May 2019, refusing to direct his release and instead directing his transfer to open prison conditions.
Lower Court Judgment: