The WLR Daily case summaries
[2023] WLR(D) 130
King’s Bench Division
Rex (Bailey and another) v Secretary of
State for Justice and another
[2023] EWHC 555 (Admin)
2023 March, 1, 2; 15
Macur LJ, Chamberlain J
Prisons— Prisoners’ rights— Release on
licence— Amendment to Parole Board rules purporting
to prevent probation officers and prison psychologists from making
recommendations in parole reviews as to whether prisoner to be released
or progressed to open prison conditions— Whether
amended rules properly construed having intended effect
— Whether unlawful interference with independent judicial
determination of legality of detention— Whether
unlawful failure to consult— Whether guidance
to prison and probation service staff on implementation of amended
rules unlawful—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art
5(1)(4)
—
Criminal Justice Act 2003 (c 44), s 239(5)
—
Parole Board (Amendment) Rules 2022 (SI 2022/717), r 2(22)