AC-2024-LDS-000197 - [2025] EWHC 2772 (Admin)

The Claimant is a serving prisoner. He was sentenced on 28 July 1994 following his conviction for the murder of a nine year old boy. The Claimant was then aged 17. He was sentenced to be detained at Her Majesty’s Pleasure (with a minimum term of 12 years, less any relevant period spent in custody on remand).

The Claimant’s 12 year term expired on 27 November 2005. The Claimant has spent over 30 years in custody.

On 14 May 2024, the Defendant reviewed the Claimant’s detention in the usual way. The Claimant’s case was referred to the Defendant by the Interested Party. In its paper decision, the Defendant concluded that, “Although he accepts responsibility for the index offence, and has resided in a range of establishments in the subsequent 30 years, with numerous psychological and psychiatric assessments setting the proposed treatment pathways, he has not completed any appropriate programs, and his risk to the public remains high”. The Defendant therefore decided that it was necessary for the protection of the public that the Claimant was not released. The Defendant noted that the Claimant had not made sufficient progress in addressing his risk to enable a move to open conditions, nor had he engaged with the recommended treatment pathways to address the risk he posed.

The Claimant made an application for an oral hearing as the Defendant had decided to conclude the parole review on the papers. On 20 June 2024, the Defendant considered the Claimant’s application for an Oral Hearing (“the impugned decision”) and refused the same. The Claimant’s application for judicial review is brought on the basis that the Defendant’s decision to refuse an oral hearing was procedurally unfair.The Claimant claims the following relief:

On 25 February 2025, permission was granted in respect of all grounds by HHJ Saffman (Sitting in Retirement) as a Judge of the High Court.