A.S., R (on the application of) v Secretary of State for Justice

A.S., R (on the application of) v Secretary of State for Justice

The Secretary of State's decision of 8 May 2009 was flawed due to failure to consider up-to-date medical evidence, failure to give adequate reasons, and breach of procedural legitimate expectation; the decision must be quashed and reconsidered.

Source-derived case information.

Parties
Claimant: A. S.; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
08 June 2009
Procedural Posture
Judicial Review / Judgment on Application for Compassionate Release and Article 3 ECHR Claim
Outcome
Decision of 8 May 2009 quashed; application for compassionate release to be reconsidered.
Legal Topics
Compassionate Release, Indeterminate Sentences, Article 3 ECHR, Procedural Legitimate Expectation, Judicial Review
Public Law Prison Law Human Rights Compassionate Release Indeterminate Sentences Article 3 ECHR Procedural Legitimate Expectation Judicial Review

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Parties

A. S.

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Judgment on Application for Compassionate Release and Article 3 ECHR Claim

Legal Issues

  1. 1 Whether the Secretary of State failed to consider relevant medical evidence in refusing compassionate release
  2. 2 Whether the decision breached procedural legitimate expectation
  3. 3 Whether continued detention breached Article 3 ECHR

Ratio Decidendi

The Secretary of State's decision of 8 May 2009 was flawed due to failure to consider up-to-date medical evidence, failure to give adequate reasons, and breach of procedural legitimate expectation; the decision must be quashed and reconsidered.

Court Disposition

Decision of 8 May 2009 quashed; application for compassionate release to be reconsidered.

Orders

  • Defendant to reconsider application under section 30 by 5.00 pm on 8 June 2009.
  • Submissions on costs to be made by email by 12 noon on 8 June 2009.