HO had agreed with prisoners one policy that prisoners who had served a third of their sentence could apply for home leave, however the minister later decided that only those who had served half of their sentence would be able to apply. CA denied an application for judicial review based on LE. It refused the balancing-approach of Sedley J and said that the only substantive protection that could be offered was the Wednesbury unreasonableness standard.
Hirst LJ: “Mr. Beloff characterised Sedley J.'s approach as heresy, and in my judgment he was right to do so. On matters of substance (as contrasted with procedure) Wednesbury provides the correct test.”
