Stuart Withers

Barrister @no5chambers specialising in prison law, public law, actions against the police, inquests and education law. Gay lawyer. ADHD neurodiverse. (he/him)

[Stuart Withers @StuartWithers1]

Very excited for @No5Chambers and @sl5legal seminar on "Challenging Parole Board decisions" on 18 June 2024 (all day). We are going to cover the latest developments in reconsideration decisions, applications to set aside, and open conditions. Not to be missed!

[Daniel the MouseInTheCourt @MouseInTheCourt]

"public confidence is not increased merely by having a High Court Judge remake the parole decision in an essentially private process but by the transparent and public conduct of the referral in open court and through public judgments"
👏

[Stuart Withers @StuartWithers1]

s.58 and S.59 of the Prisoners and Victims Act 2024 came into force today. These sections codify the test for release for indeterminate and fixed term prisoners. Essential to familiarise yourself with them for any parole board hearings you may find yourself doing!

[Stuart Withers @StuartWithers1]

R(Clarke) v Parole Board [2025] EWHC 190 (Admin) - High Court quashed a decision of the Parole Board which refused an oral hearing. An interesting and thorough analysis of Osborn and why 'outcome' based decisions of the Parole Board are inconsistent with Osborn.

[Stuart Withers @StuartWithers1]

https://t.co/2LHAFpTEMY

[Stuart Withers @StuartWithers1]

Important Court of Appeal ruling in Sneddon [2024] EWCA Civ 1258 regarding the correct approach to take in relation by the SSJ in rejecting recommendations from the Parole Board. Court of Appeal allowed the SSJ's appeal.

[Stuart Withers @StuartWithers1]

Finally §66 none of the judgment is to undermine the value or importance of the work done by the PB but SSJ is the sole decision maker. Decision by SSJ must be reasonable in all the circumstances.

[Stuart Withers @StuartWithers1]

https://t.co/SscAKhgZhE

[Stuart Withers @StuartWithers1]

R(Dawes) v Parole Board [2024] EWHC 2691 (Admin) High Court quashes decision of the Parole Board ad procedurally unfair and irrational. Perhaps the first reported finding of a real risk of bias, for failing to consider a recusal application?

[Stuart Withers @StuartWithers1]

Cheering on @Mbimmler @judebunting @carlbuckley37

[Gabriel Tan @finishedloading]

A strong Court of Appeal bench will consider “one of the hottest topics in contemporary Public Law” tomorrow and Thursday - the correct approach to cases where the SSJ decides not to accept the Parole Board’s advice to transfer prisoners to open conditions.

[Laura Janes @LauraJanes_UK]

Looking forward to presenting at this online event with Claire Salama @TheHowardLeague next Wednesday on new prison release rules for some determinate sentences

[Stuart Withers @StuartWithers1]

s.75 and s76 of the Victims and Prisoners Act 2024 - prohibiting marriage or civil partnership for whole life prisoners comes into effect today. It would be interesting to see how widespread the issue is, that the legislation is attempting to prevent?

[Stuart Withers @StuartWithers1]

@finishedloading Oh I was just going to DM you this! Ahead of the curve as always!

[Zee @ZahinTheRamen]

omg this is so beautiful, I actually cried right after I saw this. Every single time one of us gets married, the world gets a little better & easier to live in. Guys, never stop loving who you love & being you. They’re so gorgeous, my God!! Bless them with everything.❤️ #LGBTIQ

[Dylan / દિલન @dylan_patel]

Well that was fun Pt. 2 ☺️

[Stuart Withers @StuartWithers1]

More academic articles on parole issues please.

[Stuart Withers @StuartWithers1]

Very interesting! @LewisGrahamLaw @finishedloading