Woods, R (on the application of) v Secretary of State for Justice & Anor

Woods, R (on the application of) v Secretary of State for Justice & Anor

The recall decision was unlawful and must be quashed, but the Parole Board retains authority to review the claimant's detention under section 255D. Continued detention is lawful if the Parole Board reasonably concludes there is a risk of serious harm, regardless of deficiencies in the recall process.

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
Outcome
Claimant's claim against the Secretary of State succeeds; claim against the Parole Board fails.
Legal Topics
Prison Recall, Extended Sentence, Judicial Review, Parole Board Powers, Article 5 ECHR
Criminal Law Public Law Human Rights Prison Recall Extended Sentence Judicial Review Parole Board Powers Article 5 ECHR

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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

Legal Issues

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

Ratio Decidendi

The recall decision was unlawful and must be quashed, but the Parole Board retains authority to review the claimant's detention under section 255D. Continued detention is lawful if the Parole Board reasonably concludes there is a risk of serious harm, regardless of deficiencies in the recall process.

Court Disposition

Claimant's claim against the Secretary of State succeeds; claim against the Parole Board fails.

Orders

  • Declaration that the recall decision is quashed
  • Continued detention of the claimant remains lawful under section 255D