1999/110 - Snooks v Prison Board [1999] UR 110 (16 June 1999)

The Prison Board acted ultra vires in refusing to lift the restriction on the Representor's transfer, as the authority to determine such applications rested solely with the Secretary of State. The Board's decision is therefore void and of no effect.

Citation: [1999] UR 110
Parties: Applicant: The Representor; First Respondent: Prison Board; Second Respondent: Secretary of State
Jurisdiction: Jersey
Judgment Date: 16 June 1999
Procedural Posture: Judicial Review / Judgment on Amended Representation
Outcome: Partial relief granted
Legal Topics: Prisoner Transfer, Remission and Early Release, Ultra Vires Decisions, Judicial Review, Jurisdictional Authority

Criminal Law Administrative Law Prison Law Prisoner Transfer Remission and Early Release Ultra Vires Decisions Judicial Review Jurisdictional Authority

Case Brief

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Parties

The Representor

Applicant

Prison Board

First Respondent

Secretary of State

Second Respondent

Procedural Posture

Judicial Review / Judgment on Amended Representation

Legal Issues

1 Whether the Prison Board's refusal to lift the restriction on the Representor's transfer was ultra vires and unlawful
2 Whether the Secretary of State's decision to transfer under the Crime (Sentences) Act 1997 instead of the Criminal Justice Act 1961 was unlawful

Ratio Decidendi

Court Disposition

Partial relief granted

Orders

Declaration that the Prison Board's decision to refuse to lift the restriction was ultra vires and unlawful
Remainder of the representation against the Prison Board dismissed