Refusing Parole Board Recommendations – Judicial Review

Mr Howarth successfully opposed a renewal application for permission to proceed to Judicial Review.

The matter was heard this week in the High Court of Justice, sitting in London, before HHJ Walden-Smith (sitting as a judge of the High Court).

The application sought to challenge a decision by the Secretary of State for Justice (“SSJ”) to refuse to follow a recommendation to move a serving prisoner to open, from closed, prison conditions. The claimant prisoner was serving a life sentence for numerous rape offences against female children under 16 and 13 years of age.

Mr Howarth represented the SSJ. The case demonstrated the significance of the different tests, under the relevant policy guidance, by the Parole Board and the SSJ in the decision making process.

Mr Howarth successfully highlighted the importance of the separate criteria for consideration of Public Confidence, that is not a matter for the Parole Board.

Matthew practices extensively in Public Law and Judicial Review. He sits on the Attorney General’s panel of specialist counsel and has conducted numerous judicial review cases regarding parole decisions and recommendations to transfer or release.