Challenge to the Secretary of State’s decision to return a prisoner to closed conditions


Re: R (McAtee) v Secretary of State for Justice [2016] EWHC 1019 (Admin)

The claimant prisoner challenged the decision of the defendant to transfer him from open conditions to closed prison conditions on the grounds, inter alia, that it was inconsistent with published policies and procedurally unfair. The claimant had been transferred to open conditions for three months, but a change in the defendant’s absconder policy led to his return to closed conditions.

Hugh Southey QC was involved in this case.