Robert Sneddon v Secretary of State for Justice

Facts

The claimant, aged 70, had been in prison for 41 years. In July 1982, aged 29, he was sentenced to life imprisonment with a minimum term of 10 years for two offences of rape committed in 1980 and 1981, together with five offences of indecent assault, the victims being aged between 10 and 16. In 2014 a cold case review and DNA analysis exposed his responsibility for two further rapes committed in 1979; he pleaded guilty and in June 2015 received two concurrent life sentences with a minimum term of 8 years, which expired on 26 June 2023. He had previously spent four periods in open conditions between 2006 and 2014. Following a pre-tariff referral made by the Secretary of State for Justice on 24 March 2020, a Parole Board panel including a psychologist member heard oral evidence from the claimant and from the Prison Offender Manager, the Community Offender Manager and the Prison Psychologist, all of whom supported progression, and by a determination dated 15 February 2022 recommended transfer to open conditions. After an earlier negative decision was withdrawn by consent in judicial review proceedings, the Secretary of State rejected the recommendation by decision letter dated 22 December 2022 on the ground that there was not a wholly persuasive case. The claimant sought judicial review, permission being granted on the papers.