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

Sentence – Imprisonment. The claimant prisoner serving a sentence of imprisonment for public protection sought judicial review of the defendant Secretary of State's decision, refusing his transfer to open conditions in accordance with his absconder policy, which required exceptional circumstances for transfer if a prisoner had failed to return from release on temporary licence. The Divisional Court, in allowing the application, held that the absconder policy was inconsistent and irrational in the light of the Secretary of State's directions to the Parole Board, which required phased release via open conditions to test whether a prisoner could be safely released into the community.

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