5 Essex Court

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26 Nov 19 Back to Listing

Robert Talalay appears in the Administrative Court in successful defence of a judicial review to the re-categorisation of a prisoner

Bobby successfully acted for the Secretary of State for Justice in a challenge to the decision to re-categorise the Claimant from category D to category C. The challenge was primarily that the prison had taken into account and relied on information from HMRC relating to pending confiscation proceedings and the resulting risk of the Claimant seeking to abscond or escape to frustrate those proceedings. The Claimant challenged the decision to re-categorise primarily on the basis that the prison, in relying on the information from HMRC, had acted outside of its own policy (PSI 40/2011) and/or had failed to properly investigate the impact of the information received from HMRC.

The claim was dismissed, the Judge finding that the prison had a broad discretion as to what considerations were relevant as part of the decision to re-categorise. The judge further concluded that the information received from HMRC was sufficient. In sum, the Court found the decision to re-categorise to be lawful and a proper application of the process set out in the applicable policy.

Bobby Talalay was instructed on behalf of the Secretary of State for Justice.