Bruton, R (On the Application Of) v The Secretary of State for Justice

Bruton, R (On the Application Of) v The Secretary of State for Justice

The Secretary of State's refusal to release Mr. Bruton on compassionate grounds was lawful. While there was a minor breach of procedural fairness in failing to disclose Early Release Reports, Mr. Bruton was aware of the essential risk case and able to respond. No oral hearing or Parole Board consultation was...

Source-derived case information.

Parties
Claimant: Edmund Everett Bruton; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Compassionate Release, Procedural Fairness, Royal Prerogative of Mercy, Risk Assessment, Parole Board Consultation
Administrative Law Prison Law Human Rights Compassionate Release Procedural Fairness Royal Prerogative of Mercy Risk Assessment Parole Board Consultation

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Parties

Edmund Everett Bruton

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Legality of refusal to direct release of prisoner on compassionate grounds
  2. 2 Procedural fairness in section 30 applications
  3. 3 Duty to disclose risk assessment materials

Ratio Decidendi

The Secretary of State's refusal to release Mr. Bruton on compassionate grounds was lawful. While there was a minor breach of procedural fairness in failing to disclose Early Release Reports, Mr. Bruton was aware of the essential risk case and able to respond. No oral hearing or Parole Board consultation was required. The statutory threshold for compassionate release was correctly applied. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed