R (on the application of Dilks) v Secretary of State for the Home Department

Sentence – Imprisonment. The claimant was a serving life prisoner, who had completed the minimum custodial term of his sentence, sought judicial review alleging systemic failures in placing him in open conditions and approved premises for resettlement overnight release. The Administrative Court, in dismissing the application, held that the Secretary of State had not failed to make reasonable provision for systems and resources, resulting in delay, in breach of arts 5 and 8 of the European Convention on Human Rights or constituting Wednesbury irrationality. Further, the Secretary of State had not breached his own polices and the claimant had not been discriminated against on grounds of gender or 'other status' for the purposes of art 14 of the Convention.

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