Transitional mismatch in prison transfer cases (R (Allen) v Secretary of State for Justice)

Article summary

Public Law analysis: The decision of the Secretary of State for Justice to reject Parole Board recommendations for an indeterminate prisoner to be transferred to an open prison was quashed in Judicial Review proceedings. ‘Open conditions prison transfer’ has generated a considerably large amount of caselaw as one of ‘the hottest topics in contemporary Public Law’, as His Honour Judge Tindal aptly put it at the outset of his judgment in the case. Despite being an area with no shortage of first-instance authorities, there remains a lacuna in two arenas: firstly, substantial Court of Appeal authority and secondly, authorities which deal with the 2023 Parole Board guidance which is currently in force. Allen provides important clarification on the proper approach to be taken to the transitional mismatch of policy and emphasised the need for the Secretary of State for Justice’s decisions in these cases to afford ‘appropriate respect’ by making some meaningful reference to the Parole Board’s...