Stefanos Neophytou, R (on the application of) v The Governor of HMP Berwyn & Anor

Stefanos Neophytou, R (on the application of) v The Governor of HMP Berwyn & Anor

The Governor did not have authority to refuse submission of the ERCG application on medical grounds unless it was clear the criteria in paragraph 4.17 were not met; the decision was quashed as the Policy required submission to PPCS in the circumstances.

Parties
Appellant: Stefanos Neophytou; First Respondent: Governor of HMP Berwyn; Second Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Governor's refusal quashed.
Legal Topics
Early Release on Compassionate Grounds, Judicial Review, Prisoner Health, Policy Interpretation
Administrative Law Prison Law Human Rights Early Release on Compassionate Grounds Judicial Review Prisoner Health Policy Interpretation

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Parties

Stefanos Neophytou

Appellant

Governor of HMP Berwyn

First Respondent

Secretary of State for Justice

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the prison governor had authority to refuse submission of ERCG application on medical grounds
  2. 2 Proper interpretation of ERCG Policy paragraphs 4.17 and 4.21
  3. 3 Whether procedural irregularity occurred by not submitting the application to PPCS

Ratio Decidendi

The Governor did not have authority to refuse submission of the ERCG application on medical grounds unless it was clear the criteria in paragraph 4.17 were not met; the decision was quashed as the Policy required submission to PPCS in the circumstances.

Court Disposition

Appeal allowed; Governor's refusal quashed.

Orders

  • Decision of Governor Keller refusing to submit ERCG application is quashed.
  • Application to be reconsidered by a Governor with no prior involvement, in compliance with this judgment.