R (on the application of Noye) v Secretary of State for Justice

Prison – Prison conditions. The Administrative Court quashed the defendant Secretary of State's decision not to transfer the claimant serving prisoner to open prison, despite the Parole Board's contrary recommendation. The Secretary of State had approached the assessment of both the risk of future violence and of absconding on an inappropriate factual basis, and it could not be said THAT he would have reached the same conclusion had he not made that error of law.

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