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Reported Case

Calder, R (on the application of) v Secretary of State for Justice [2015] EWCA Civ 1050 (15 October 2015)

Date: 15/10/2015
Duncan Lewis, Reported Case Solicitors, Calder, R (on the application of) v Secretary of State for Justice [2015] EWCA Civ 1050

In this appeal, the claimant appeals against the judgment of HH Judge Gore QC, sitting as a Deputy Judge of the High Court in the Administrative Court in Manchester, dismissing his challenge by way of judicial review of the lawfulness of his recall to prison under s.254 of the Criminal Justice Act 2003 (CJA 2003) as amended. He had been released on licence after serving one half of the custodial term of an extended sentence for public protection passed on him on 12 February 2009.

He contended on the appeal that the judge should have quashed the decision to recall on what were essentially three bases:

(1) that there was insufficient evidence of a breach of his licence conditions to justify a recall, (2) that the reasons given for his recall were inadequate and (3) that the judge was wrong in concluding that there was an alternative remedy in the Parole Board's scrutiny of the initial decision of the Secretary of State to recall the claimant and in their decision on his release.

 

Find full details of this case on Bailii’s website here.
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