Luton prisoner bids to move to open prison
Lawyers for Karl Oakley, who was sentenced to life in prison for murdering his ex-girlfriend - have told a court he has 'no further work' to carry out in custody
A man who killed his ex-girlfriend in a frenzied knife attack is bidding to be moved to an open prison after the Probation Service said he has "no further work" to carry out in custody, the Court of Appeal has heard.
Karl Oakley, who was sentenced to life with a minimum term of 15 years in 2009, is challenging the Ministry of Justice (MoJ) over a decision to refuse to transfer him to open conditions.
Oakley pleaded guilty at Luton Crown Court to manslaughter on the grounds of diminished responsibility after he stabbed Taylor Burrows up to 40 times.
At a hearing on Wednesday, lawyers for Oakley said the Parole Board has recommended he be transferred to an open prison because there is "no further work" for him to carry out inside a closed jail.
But barristers for the MoJ said the department has "clear and recognised expertise in assessing risk and in making the judgments necessary for categorisation and transfer decisions", and it does not have to follow Parole Board recommendations.
Jude Bunting KC, on behalf of Oakley, told the court a panel that included two specialist psychiatrist members found in 2021 that he was "suitable for open conditions" but this was rejected by the MoJ.
The court heard that Oakley launched another bid to be moved in 2023, which was again refused, and in a further judgment in February 2024 it was ruled that the department "was entitled to come to the conclusion it had reached" and dismissed the claim.
Mr Bunting said in written submissions that the Parole Board "has particular institutional expertise in the assessment of risk".
Sir James Eadie KC, representing the MoJ, said in written submissions that the department "can seek the Parole Board's advice on such issues" but is "free to agree or disagree with" recommendations.
Sir James said the department had "recognised the positive progress" Oakley has made, but found it is "necessary" for him to stay in a closed environment.
At the hearing in London, the MoJ also appealed against the overturning of a decision to refuse a transfer for convicted rapist Robert Sneddon.
Sneddon was first jailed at the age of 29 in 1982 for two offences of rape, being sentenced to life with a minimum term of 10 years.
He was considered suitable for transfer to an open prison in 1992 but has since been incarcerated for other offences, including being given another life sentence with a minimum term of eight years in June 2015 for further sex offences.
In December 2023, a High Court judge said Sneddon's case should be reviewed and in February 2024 the recommendations were accepted and he was transferred.
Mr Bunting, also representing Sneddon, said: "Given the length of time that Sneddon has spent in custody, and his previous failure in open conditions, it is obvious that a period in less secure conditions will be a necessary stage in his rehabilitation towards release."
Sir James said the MoJ is "entitled to simply reach whatever rational view" it considers appropriate due to the "risks associated with a transfer of a prisoner such as Sneddon to open conditions".
Lady Chief Justice Baroness Carr, sitting alongside Lord Justice Davis and Lord Justice Davis, will give their ruling in writing at a later date.