Judicial review case on the jurisdictional role of the Secretary of State for Justice and the rejection of Parole Board recommendations (R (on the application of Woody Carrigan) v Secretary of State for Justice)

Article summary

Public Law analysis: This case concerns the Parole Board recommendations (which are advisory) re a prisoner to transfer (or not) to open conditions and the SSJ’s primary decision-making responsibilities. The case provides a useful review of the most important portfolio of recent cases covering this area of law and practice, along with a systematic review of the relevant Statutory Directions of June 2022 and the Policy Guidance of October 2022. Mr Justice Fordham helpfully develops what he labelled as ‘shorthand terms’ regarding the ‘Progress Duty’ and the ‘Essential Criterion’ for decision-making in this area of the law and practice, with clear links to the common law duties on the decision-maker acting reasonably, giving legally adequate reasons in their decisions and being able to rely on all relevant and contemporaneous evidence. In analysing the case, Fordham J carries...