In Secretary of State for Justice v XDW [2026] EWHC 1475 (Admin) the High Court has provided important procedural guidance in the first case to be referred to it under the new powers contained in the Victim and Prisoners Act 2024.

The case concerns a determinate sentenced prisoner. His release was directed by the Parole Board. The Secretary of State referred his case to the High Court to consider whether it is no longer necessary for the protection of the public that he should be confined.

The court listed the case for a case management hearing to determine:

  1. Whether the Secretary of State’s claim should be struck out for failing to serve the claim form in time.
  2. Whether it should grant an extension of time for service of the claim form.

In its judgment the court held that:

  1. Contrary to the Secretary of State’s submission it did have the power to strike out a referral.
  2. The referral of a case may be subject to a claim for judicial review for failing to comply with policy, or any other public law ground.
  3. The Secretary of State must serve a sealed claim form, and supporting documents no later than 2 days of filing the claim form on the prisoner.
  4. The Secretary of State’s service of an unsealed claim form within the time period was not valid service.
  5. The Court did however grant an extension of time to serve the claim form, in part due to the court’s error of sending the sealed claim form to an incorrect email address.

The case has been listed for a full hearing on 28 and 29 July 2026.

The judgment makes it clear that the time scale for serving the claim form is narrow. It is likely that any failure by the Secretary of State in future cases will be treated less generously.

The Defendant, XDW, was represented by Stuart Withers instructed by Insta Law Solicitors