Mirren was led in the Court of Appeal in a case brought by a prisoner seeking Early Release on Compassionate Grounds (‘ERCG’) on the basis of health needs.
The resulting judgment ensures the correct application of the Secretary of State for Justice’s policy, which requires that where an ERCG application is made for health reasons, it must be submitted to the Secretary of State’s specialist central team, unless it is clear the prisoner’s experience of imprisonment does not cause suffering greater than the deprivation of liberty intended by the punishment.