R (McPhee) v Secretary of State for Justice

23.05.2024

Citation

[2024] EWHC 1247 (Admin)

Olivia successfully represented the Claimant in this challenge to the Secretary of State for Justice’s decision to reject the recommendation of the Parole Board to transfer the Claimant to open conditions.

It was found that the Defendant’s decision did not provide good reason for rejecting the recommendation of the Parole Board. This was particularly in relation to further work to be undertaken by the Claimant. Notably, as the Claimant is subject to an IPP sentence and is significantly over-tariff, it was found that “the importance of engaging properly with the manner in which further progress is both to be achieved and to be demonstrated is all the greater where, as here, the prisoner is significantly post-tariff”.

As a result of the judgment, the Defendant’s decision has been quashed and remitted back to the Defendant for reconsideration.

Olivia was instructed by Scott Laing at Bhatia Best Solicitors.

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2024/1247