Index card R (Bailey) v Secretary of State for Justice (No 1)

R (Bailey) v Secretary of State for Justice (No 1)

Hearings

England & Wales

15 Mar 2023 [2023] EWHC 555 (Admin); [2023] 1 WLR 2519; [2023] WLR(D) 130, DC (Macur LJ, Chamberlain J)

Subject Matter

PRISONS — Prisoners’ rights — Release on licence — Secretary of State making rules with aim of preventing HM Prison and Probation Service staff from making recommendations in Parole Board reviews as to whether prisoner suitable for release or transfer to open prison conditions — Whether rules properly construed having intended effect — Whether decision to make rules unlawful interference with independent judicial determination of legality of detention — Whether Secretary of State’s guidance regarding rules unlawful — Whether failure to consult before making rules unlawful — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5(4) — Criminal Justice Act 2003 (c 44), s 239(5) — Parole Board (Amendment) Rules 2022 (SI 2022/717), r 2(22)

[2023] EWHC 555 (Admin); [2023] 1 WLR 2519; [2023] WLR(D) 130, DC

Commentary

A Lawyer Writes
Raab interfered with justice process: Prisoners may have been wrongly released or detained, court finds Case comment

Subscribe or Register to access the full case information page. Registered users can access three Law Reports, three case information pages and perform three Case Genie searches per month. If you already have an ICLR account please log in. For other queries or to request a free trial please contact ICLR.

MoJ users should log in here.