Francis and Another, Regina (on the Application Of) v Secretary of State for the Home Department and Another: Admn 30 Jul 2004

Each prisoner had been released on licence but then recalled after charged with further crimes. They made representations to the Home Secretary which were rejected. After being acquitted of the respective offences, they sought to make further representations.
Held: The representations were as to the way in which the decision to recall them had been made, and not to the reasons underlying it. Accordingly whilst circumstances might arise in which further representations would be properly accepted by the respondent, those circumstances would be limited again to the way the decision had been taken. Here the representations against a recall were in reality as to the continuing propriety of their detention, and were not to be accepted in this form. In any event the decision as to whether to accept representations lay with the respondent.


Times 12-Oct-2004, [2004] EWHC 2143 (Admin)




England and Wales


Updated: 27 June 2022; Ref: scu.218718