AA v The Governor of HMP Downview & Anor [2008] EWHC 2612 (Admin) (28 October 2008)

AA v The Governor of HMP Downview & Anor [2008] EWHC 2612 (Admin) (28 October 2008)

PSO 6300 is unlawful to the extent it fails to make explicit the existence of an exceptional discretion for ROTL applications by default term prisoners; however, the decision of 18 July 2008 was made lawfully on the merits and did not apply an unlawful double-exceptionality threshold.

Citation
[2008] EWHC 2612 (Admin)
Parties
Claimant: AA; First Defendant: The Governor of HMP Downview; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 October 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Fettering of Discretion, Release on Temporary Licence (rotl), Article 8 ECHR, Prison Service Orders, Exceptional Discretion
Administrative Law Human Rights Law Prison Law Fettering of Discretion Release on Temporary Licence (rotl) Article 8 ECHR Prison Service Orders Exceptional Discretion

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Parties

AA

Claimant

The Governor of HMP Downview

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether PSO 6300 unlawfully fetters discretion by excluding exceptional cases from ROTL eligibility
  2. 2 Whether the policy and decisions violate Article 8 ECHR
  3. 3 Whether the decision of 18 July 2008 is legally flawed

Ratio Decidendi

PSO 6300 is unlawful to the extent it fails to make explicit the existence of an exceptional discretion for ROTL applications by default term prisoners; however, the decision of 18 July 2008 was made lawfully on the merits and did not apply an unlawful double-exceptionality threshold.

Court Disposition

Application for judicial review dismissed