The court's approach in Bentley, in respect of the reviewability of the prerogative of mercy, was adopted in [ case ]. The claimant was a serving prisoner who had provided the police and prison authorities with valuable assistance. As a result, the Home Secretary awarded the claimant three years' remission from his sentence. The claimant's solicitors sought judicial review of this decision, arguing that in pre-sentence cases the length of remission was far greater than that granted to the claimant, who was a serving prisoner. The court agreed that the decision by the Secretary of State to recommend remission in the instant case was a matter amenable to judicial review. The courts regularly had to make decisions about reduction in sentence lengths. On the facts, however, the court held that the exercise of the Home Secretary's prerogative of mercy in this case was different from decisions taken by judges in pre-sentence cases and so the Home Secretary had not acted unlawfully.
Answer
R (on the application of B) v Secretary of State for the Home Department [2002] EWHC 587 (Admin)
Tags
#constitution #law #public
Question
The court's approach in Bentley, in respect of the reviewability of the prerogative of mercy, was adopted in [ case ]. The claimant was a serving prisoner who had provided the police and prison authorities with valuable assistance. As a result, the Home Secretary awarded the claimant three years' remission from his sentence. The claimant's solicitors sought judicial review of this decision, arguing that in pre-sentence cases the length of remission was far greater than that granted to the claimant, who was a serving prisoner. The court agreed that the decision by the Secretary of State to recommend remission in the instant case was a matter amenable to judicial review. The courts regularly had to make decisions about reduction in sentence lengths. On the facts, however, the court held that the exercise of the Home Secretary's prerogative of mercy in this case was different from decisions taken by judges in pre-sentence cases and so the Home Secretary had not acted unlawfully.
Answer
?
Tags
#constitution #law #public
Question
The court's approach in Bentley, in respect of the reviewability of the prerogative of mercy, was adopted in [ case ]. The claimant was a serving prisoner who had provided the police and prison authorities with valuable assistance. As a result, the Home Secretary awarded the claimant three years' remission from his sentence. The claimant's solicitors sought judicial review of this decision, arguing that in pre-sentence cases the length of remission was far greater than that granted to the claimant, who was a serving prisoner. The court agreed that the decision by the Secretary of State to recommend remission in the instant case was a matter amenable to judicial review. The courts regularly had to make decisions about reduction in sentence lengths. On the facts, however, the court held that the exercise of the Home Secretary's prerogative of mercy in this case was different from decisions taken by judges in pre-sentence cases and so the Home Secretary had not acted unlawfully.
Answer
R (on the application of B) v Secretary of State for the Home Department [2002] EWHC 587 (Admin)
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Open it The court's approach in Bentley, in respect of the reviewability of the prerogative of mercy, was adopted in R (on the application of B) v Secretary of State for the Home Department [2002] EWHC 587 (Admin). The claimant was a serving prisoner who had provided the police and prison authorities with valuable assistance. As a result, the Home Secretary awarded the claimant three years' rem
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