Matthew Howarth Successfully Defends Secretary of State for Justice in High Court Judicial Review Case

In a significant ruling handed down on November 14, 2024, at the Birmingham Civil Justice Centre, His Honour Judge Simon dismissed a Judicial Review challenge against the Secretary of State for Justice.

The case, brought by Dean Hallam, contested the Secretary of State’s decision not to accept a Parole Board recommendation for transfer to open prison conditions.

Matthew Howarth, instructed by the Treasury Solicitor, successfully represented the Secretary of State in this high-stakes case involving a prisoner serving an indeterminate sentence for public protection (IPP) for sexual offences against children. The court rejected both grounds of the challenge:

1. That the decision that a period in open conditions was not essential was irrational and/or inadequately reasoned.

2. That the decision that a transfer to open conditions would undermine public confidence in the criminal justice system was irrational and/or inadequately reasoned.

HHJ Simon found that the Secretary of State had approached the task appropriately, assessing risk and essentiality based on available evidence while giving due deference to the Parole Board’s findings. The judge also ruled that the Secretary of State had provided adequate reasoning for differing from the Parole Board’s recommendation.

This case reaffirms the Secretary of State’s discretion in such matters and sets an important precedent for future challenges to similar decisions. It underscores the delicate balance between prisoner progression and public protection in the management of high-risk offenders.

Matthew Howarth practices extensively in Public Law and Immigration Judicial Review. He has ranked as a leading Junior in the Legal 500. The case has been reported and is on Baili and National Archive: