The claimant challenged a decision to return him to prison from release on licence. He said that in a non-urgent situation it was wrong for the Secretary of State to accept police intelligence without further enquiries.
Held: The claim failed. The test for misbehaviour short of the required standard is not a high one. Having information from a source deemed to be reliable, there was no obligation on the respondent to make further enquiries.
Judges:
Langan QC J
Citations:
[2010] EWHC 2521 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Gulliver) v Parole Board CA 4-Jul-2007
The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall.
Held: The prisoner’s appeal . .
Cited – McDonagh, Regina (on The Application of) v Secretary of State for Justice Admn 20-Jan-2010
When deciding whether a prisoner released on licence should be returned to prison, the question ‘is whether the Secretary of State could reasonably have believed on the material available to him that the claimant had not conducted himself by . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 25 August 2022; Ref: scu.425305
