Question
There are no other statutory provisions governing this power. Wilf Jones is a prisoner at HMP Bastille and is serving a four year sentence for
There are no other statutory provisions governing this power. Wilf Jones is a prisoner at HMP Bastille and is serving a four year sentence for assault. He attacked a Mrs Palides, aged 80, a shopkeeper causing serious but not life threatening injuries. The Prison Governor issues the following decision under section 1 of the Prison Act 2021: 'Prisoner Wilf Jones, shall be released on completion of a third of his sentence. I have considered that Mr Jones apologised. I have also considered that unfortunately, his wife has recently left him, so he should be re-integrated back into society as soon as possible'. Prior to his release, the Governor forgets to contact the victim, Mrs Palides. Due to an administrative mistake by the Governor, Wilf is released before he completes a third of his sentence. Mrs Palides is shocked when she finds out 4 months later (she had been in hospital). She wants to know if she can seek damages against the prison. Wilf is seen in the neighbourhood of Mrs Palides' shop and the local neighbourhood watch group is very concerned. They wish to challenge the Governor's decision to release him. They say that several members of their group, who live in the same area, are elderly and are frightened. They want to know how quickly they should take legal action and if they have standing. Answer both questions: 1. Assess the merits of this decision using the grounds of illegality, irrationality and procedural impropriety. [50 marks] 2. Advise Mrs Palides and the neighbourhood watch group on procedural issues (limitation, standing and remedies). [50 marks]
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