Robert Brown challenges the decision made by the Justice Secretary

On 14th & 15th February, a judicial review took place after Robert Brown challenged the decision made by the Secretary of State for Justice to block Brown’s early automatic release.

Brown’s team argued the Secretary of State’s decision should not be upheld for the following reasons:

• Media bias – the claimant’s team argued that the family and friends have led a high-profile campaign in urging the Secretary of State for Justice to block Robert Brown’s early automatic release.
• Political implications – the claimant’s team argued that due to the high-profile campaign, if the Secretary of State for Justice did not block Brown’s early automatic release there would be political implications for the Lord Chancellor, thus putting his own political agenda at the forefront of the decision-making.
• Risk – according to Brown’s legal team, the Justice Secretary’s decision does not comply with the statutory conditions for the power’s exercise, because he did not have reasonable grounds to believe that Brown would, if released, pose a significant risk to members of the public of serious harm.

The Secretary of State for Justice’s team argued that the decision taken by the Lord Chancellor in October 2023 was justified based on the following reasons:

• The MoJ were rigorous in their process and the Justice Secretary was not influenced by the campaign led by Joanna’s family and friends.
• The MoJ argued that throughout his time in prison Robert Brown has refused to cooperate and take part in rehabilitation programmes and has continued to hold a grudge against the family and friends of Joanna. He has also displayed hostility and defensive behaviour towards professionals.
• Robert Brown is reported to have not expressed remorse for his offences and demonstrated victim-blaming and expressed grievance thinking in respect of both the victim and her family and friends.

It is important to note the Claimant (Robert Brown) disputes the defendants claim.

Robert Brown’s judicial review was covered in The Sun, The Independent and Daily Mail.

Photo credit: Royal Courts of Justice