Justice Secretary's absconding prisoner policy unlawful

The High Court has ruled that the Justice Secretary's policy of excluding prisoners from open prisons if they have a history of absconding is unlawful.

Chris Grayling introduced the policy last May following high-profile media reports last year of prisoners with a history of violence absconding while on release on temporary licence (ROTL) from open prison.

Among them was Michael Wheatley, a fugitive armed robber nicknamed the Skull Cracker.

But two senior judges at London's High Court have ruled that excluding transfers - save in exceptional circumstances - for prisoners "with a history of abscond, escape or serious ROTL failure" is inconsistent with his own directions to the Parole Board.

The long-standing directions state that "a phased release" from closed to open prison is necessary for most inmates serving indeterminate sentences "in order to test the prisoner's readiness for release into the community".

Lord Justice Bean, sitting with Mr Justice Mitting, gave the Justice Secretary permission to appeal against the court's ruling.