Banning dangerous criminals from open prisons is illegal even if they have a history of absconding, judges ruled today in a major blow to the Government. The High Court threw out rules introduced to stop violent prisoners being transferred out of high-security jails. The policy was brought in after fugitive armed robber Michael Wheatley - nicknamed the Skull Cracker – walked out of an open jail in May while on day release  despite a history of prison escapes. Michael Wheatley - nicknamed the Skull Cracker – walked out of an open jail in May while on day release and went on to commit an armed robbery which was caught on CCTV (left) Wheatley absconding from Standford Hill prison in Kent  and went on a robbing spree – pulling a handgun on staff at the Chelsea Building Society in Sunbury-on-Thames, Surrey. After being caught he was told that he must serve at least eight years in jail before becoming eligible to apply for release on parole. The violent thug had previously been handed 13 life sentences at the Old Bailey in 2002 and earned his nickname by pistol-whipping his victims. Following the scandal, Justice Secretary Chris Grayling publicly announced that the Government was 'tearing up the system as it exists at the moment' and introduced his absconder policy. But two senior judges at London's High Court have ruled that excluding transfers  for prisoners with a history of absconding was unlawful. Wheatley was eligible for release after eight years, had been on the run after leaving Standford Hill open prison in Kent on day release and failing to return. He was arrested alongside another man in Tower Hamlets, east London, after an armed robbery at a Chelsea Building Society branch in Sunbury-on-Thames, Surrey. The Ministry of Justice today announced they would appeal against the ruling. New rules were introduced after  Wheatley walked out of an open jail in May while on day release last year despite a history of prison escapes . A spokesman said: 'The fundamental principles of the policy are not unlawful. The court found there was inconsistency with the implementation. 'Our position remains that temporary release can be an important part of rehabilitating offenders but not at the cost of public protection. We are appealing this decision.' But the Prisoners' Advice Service, a charity offering free legal advice and support to adult prisoners, described the absconder policy as a 'knee jerk reaction' by Mr Grayling. The charity said in a statement: 'The Secretary of State's contention that he is entitled to ignore and contradict his own policy guidance demonstrates either his ignorance or flagrant disregard for basic legal principles of consistency and transparency in public decision making. 'The so called 'absconder policy' was introduced as a knee jerk reaction to negative press reports without adequate consideration for either existing policies, or its impact on the prisoners whose progression to open conditions was abruptly prevented.'
High Court throws out rules introduced to stop violent prisoners escaping . Policy introduced after armed robber nicknamed 'Skull Cracker' absconded . Michael Wheatley walked out of Standford Hill prison  while on day release . He was serving 13 life sentences but escaped and went on the run in May .