Wells v The Parole Board & Anor

Wells v The Parole Board & Anor

The Secretary of State's systemic failure to provide short tariff lifers, especially IPP prisoners, with access to offending behaviour programmes and opportunities to reduce risk, resulting in continued detention post-tariff expiry without current and effective risk assessment or means of progress, is irrational and unlawful under common law principles. Such detention is arbitrary and cannot be justified by resource constraints or executive discretion.

Parties
1st Claimant: Nicholas Wells; 1st Defendant: The Parole Board; Interested Party: The Secretary of State for Justice; 2nd Claimant: David Walker; 2nd Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
31 July 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review granted
Legal Topics
Judicial Review, Indeterminate Sentences, Imprisonment for Public Protection (ipp), Parole, Prisoner Rights, Irrationality, Article 5 ECHR
Public Law Criminal Law Human Rights Judicial Review Indeterminate Sentences Imprisonment for Public Protection (ipp) Parole Prisoner Rights +2 more

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Parties

Nicholas Wells

1st Claimant

The Parole Board

1st Defendant

The Secretary of State for Justice

Interested Party

David Walker

2nd Claimant

The Secretary of State for the Home Department

2nd Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State's management and treatment of short tariff lifers, particularly those serving IPP sentences, is contrary to law
  2. 2 Whether systemic failure to provide offending behaviour courses and opportunities for risk reduction renders post-tariff detention unlawful
  3. 3 Whether such failures violate principles of rationality under common law

Ratio Decidendi

The Secretary of State's systemic failure to provide short tariff lifers, especially IPP prisoners, with access to offending behaviour programmes and opportunities to reduce risk, resulting in continued detention post-tariff expiry without current and effective risk assessment or means of progress, is irrational and unlawful under common law principles. Such detention is arbitrary and cannot be justified by resource constraints or executive discretion.

Court Disposition

Application for judicial review granted

Orders

  • Judicial review granted; relief to be determined after hearing counsel