Prisons policy declared 'unlawful'

A judge declared that Justice Secretary Jack Straw must in future take "an even-handed approach" in such cases.

He laid down a strict deadline for Mr Straw to reconsider the case of convicted killer Robert Hill, who, he said, had been left "languishing" in closed prison conditions.

Hill is a lifer still in jail more than 14 years after becoming eligible for parole. He has repeatedly been refused a transfer to open conditions, which would bring him a step nearer release on licence, despite recommendations from the Parole Board that he should be transferred.

Mr Justice Irwin, sitting at London's Law Courts, said the Secretary of State had adopted a "sea change" policy of accepting Board recommendations opposing transfers while rejecting those in favour.

He ruled that was "not a rational or even-handed approach".

The decision was welcomed afterwards by Simon Creighton, solicitor with Bhatt Murphy, who represented Hill.

Mr Creighton said the Government's tougher stance on Board recommendations in favour of transfers came in the wake of highly-critical reports last year on prisoners sent to open prisons, then released on parole who went on to kill.

Mr Creighton said: "Unfortunately this change has led to the Secretary of State developing and implementing an ill-thought-out policy which has now been declared unlawful.

"This judgment will require him to carefully reconsider his policy in this area and come up with a fairer method of dealing with advice from the Parole Board."