Longmire v Secretary of State for Justice

Facts

On 22 October 1988 the claimant, Andrew Longmire, was sentenced to life imprisonment, with a tariff of 20 years, following guilty pleas to 11 offences of rape, 3 of attempted rape, buggery, indecent assault and 2 offences of using firearms to resist arrest, committed during two campaigns of raping women across five counties between 1981 and 1988. He has been a Category A prisoner throughout. In May 2002 he began treatment at the Fens Dangerous and Severe Personality Disorder Unit; his tariff expired in January 2008, and the Parole Board declined release or open conditions in August 2008 and again in April 2010. In June 2010 he received a further concurrent life sentence for a twelfth rape committed in 1981, to which he had pleaded guilty after DNA evidence emerged. In July 2010 the Local Advisory Panel, including the DSPD Unit's Clinical Director Dr Saradjian, recommended for the fourth time that he be downgraded to Category B. On 21 September 2010 the Director of High Security refused an oral hearing and maintained Category A status. The claimant sought judicial review, contending that fairness required an oral hearing and that the substantive decision was irrational. Edwards-Stuart J granted permission on the first ground only; the claimant renewed his application on the second.