R (on the application of Henley-Smith) v Secretary of State for Justice

Sentence – Public protection. The claimant's judicial review proceedings, challenging the defendant Secretary of State's failure to consult upon, and then exercise, the power within s 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, as a means of replacing the test for the release of prisoners serving sentences of imprisonment for public protection was dismissed. The Administrative Court also determined that the consequence of allowing part of the claim would be an interference with Parliamentary proceedings, contrary to Parliamentary privilege and the separation of powers.

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