Woods, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2503 (Admin) (30 September 2009)

Woods, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2503 (Admin) (30 September 2009)

Even though the recall decision was unlawful and must be quashed, the Parole Board retains standing to consider the claimant's continued detention under section 255D of the Criminal Justice Act 2003, and the continued detention is lawful if the Board reasonably concludes there is a risk to public safety.

Citation
[2009] EWHC 2503 (Admin)
Parties
Claimant: Paul Woods; First Defendant: Secretary of State for Justice; Second Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
30 September 2009
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; recall decision quashed; claim for judicial review of Parole Board decisions dismissed.
Legal Topics
Recall of Prisoners, Parole Board Decisions, Judicial Review, Article 5 ECHR, Extended Sentence Prisoners
Criminal Law Administrative Law Human Rights Recall of Prisoners Parole Board Decisions Judicial Review Article 5 ECHR Extended Sentence Prisoners

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Parties

Paul Woods

Claimant

Secretary of State for Justice

First Defendant

The Parole Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the recall of the claimant to custody was unlawful
  2. 2 Whether the Parole Board's subsequent decisions were unlawful due to the unlawful recall
  3. 3 Whether the claimant's continued detention is lawful under section 255D of the Criminal Justice Act 2003

Ratio Decidendi

Even though the recall decision was unlawful and must be quashed, the Parole Board retains standing to consider the claimant's continued detention under section 255D of the Criminal Justice Act 2003, and the continued detention is lawful if the Board reasonably concludes there is a risk to public safety.

Court Disposition

Claim allowed in part; recall decision quashed; claim for judicial review of Parole Board decisions dismissed.

Orders

  • Declaration that the recall decision is quashed
  • No order quashing Parole Board decisions