Walker v Secretary of State for the Home Department [2008] EWCA Civ 30

Citation: Walker v Secretary of State for the Home Department [2008] EWCA Civ 30

Court: Court of Appeal (Civil Division)

Decision

In Walker, the Court of Appeal held that the Prison Service's failure to provide sufficient offending behaviour programmes was arbitrary and unreasonable, and therefore unlawful. This is of utmost relevance to prisoners serving indeterminate sentences whose release depends on risk reduction which in turn is largely dependent on the completion of such courses. The Court further held that whilst pre-tariff detention is for the punishment of offenders, detention after expiry of the minimum term is to protect the public from those who still pose a risk. Detention past the expiry of the minimum is only justifiable if the prisoner is still dangerous.