Dominic Raab could be charged with contempt of court for illegal reforms

Raab will be given the opportunity to present additional evidence. Photo: Yui Mok/PA

Dominic Raab may face contempt of court after judges rule that the Department of Justice (DOJ) acted unlawfully in connection with Parole Board reform.

The DOJ was found to have acted illegally in a rule change last July that prohibited DOJ officials from expressing an opinion at a Parole Board hearing on whether criminals should be released from prison.

G Mr. Raab wanted to be able to offer a «single point of view of the secretary of state» in high-profile cases without risking prison to contradict him. or probation officers in their expert reports and evidence.

However, the rule change was deemed «unacceptable interference with the judicial process,» prompting the DOJ to rescind the rule.

Mr. Raab agreed that the DOJ would pay the legal fees of two prisoners who successfully challenged the illegal rule. He did not apply to the High Court for leave to appeal.

However, Lady Justice Makur and Mr Justice Chamberlain said they would still consider whether DOJ officials and possibly Mr. Raab to stand trial for contempt of court.

The court is “not obliged” to act

In their ruling, they stated that the refusal of an official of the Ministry of Justice to express his opinion could amount to contempt of court, which means that anyone who gave them instructions could also be held accountable.

“If such contempt was committed, the person who gave the order to disobey or not respond could also be guilty of contempt of court,” the judges said.

“However, the court is not required to initiate a contempt case if an official explanation of the violation was given, supported by witness testimony, and if it concluded that the violation was not intentional and that steps were taken to avoid any recurrence.”

The judges stated that they had no evidence as to whether Mr. Raab was the person who gave the order to disobey or not respond, so they gave him the opportunity to present additional evidence.

They said that in light of of this evidence, they will decide whether «contempt proceedings should be initiated against any person or persons.»

Thinking carefully about the next steps

A DOJ spokesman said: «We are carefully reviewing the parole system, to put public protection back at the core and keep the most dangerous criminals behind bars for longer.

“We are carefully considering our next steps after the High Court ruling and remain determined to deliver—this is one clear and consistent overarching recommendation from the government secretary about the danger of serious offenders and their danger to society.