Click the case name for better results:

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Regina (Gleaves) v Secretary of State for the Home Department: QBD 10 Nov 2004

The defendant prisoner had been disciplined for using a racist term against a prison officer. He complained that the failure to give reasons for the finding of guilt made the decision void. Held: The disciplinary proceedings could lead to loss of remission, and therefore his liberty was at stake. However there was no statutory duty … Continue reading Regina (Gleaves) v Secretary of State for the Home Department: QBD 10 Nov 2004

Regina v Secretary of State for the Home Department and Others, Ex Parte Russell: QBD 31 Aug 2000

An order by a prison governor that a prisoner must submit to a random drug test depended for its lawfulness upon the selection being genuinely random. The order to submit and the order to attend for the test could not be separated. Although in fact the repeated selection of the prisoner, whilst genuinely random, had … Continue reading Regina v Secretary of State for the Home Department and Others, Ex Parte Russell: QBD 31 Aug 2000

Home Office v Barnes and Others: QBD 23 Nov 1994

Prison officers may not, in the course of an employment dispute, refuse to accept prisoners into the prison after they had been properly committed to the care of the prison in which they worked. Citations: Independent 23-Nov-1994 Statutes: Prisons Act 1952 8 Employment, Administrative, Prisons Updated: 08 April 2022; Ref: scu.81457

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

Raymond v Honey: HL 4 Mar 1981

The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981

Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Failure to provide programme discriminated The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and that the defendant should have made appropriate … Continue reading Gill, Regina (on The Application of) v Secretary of State for Justice: Admn 26 Feb 2010

Hill, Regina (on the Application of) v Secretary of State for the Home Department: Admn 19 Sep 2007

The life prisoner had been recommended for transfer to open conditions on three occasions, but the advice had not been followed by the respondent. The prisoner sought judicial review. Judges: Irwin J Citations: [2007] EWHC 2164 (Admin) Links: Bailii Statutes: Prison Act 1952 12 Jurisdiction: England and Wales Prisons Updated: 06 December 2022; Ref: scu.259849

Dowsett, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Mar 2013

The claimant prisoner objected to the defendant’s policies that male prisoners were not to be allowed to refuse ‘rub-down’ searches by female prison officers, save on religious or cultural grounds. He said that the exceptions were too tightly limited, and were discriminatory. Judges: Silber J Citations: [2013] EWHC 687 (Admin) Links: Bailii Statutes: Prison Act … Continue reading Dowsett, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Mar 2013

The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

Appeal, with permission against a judgment dismissing the appellant’s application for judicial review seeking an order that the defendant Secretary of State provide or facilitate the provision of information to stated categories of children as to the illegal use of restraint techniques on them when they were detained in Secure Training Centres (STCs) in the … Continue reading The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

The patient had been released on licence from prison. He later refused treatment for mental illness and was detained under the 1983 Act, though still on licence. His probation obtained the revocation of his licence, and he was recalled. He did not know of the revocation of his licence, but absconded from the hospital and … Continue reading Regina (on the Application of ‘S’) v the Secretary of Statefor the Home Department: CA 4 Apr 2003

KB, Regina (on The Application of) v Secretary of State for Justice: Admn 13 Jan 2010

The claimant said that whilst he had been detained at a Young Offender Institute, he had been subjected to the Disclipline Incident Reports systems, which he now said was an unlawful interference in his human rights. Held: As to one system, the challenge failed, but the main challenge succeeded. The defendant suggested that submission to … Continue reading KB, Regina (on The Application of) v Secretary of State for Justice: Admn 13 Jan 2010

Potter and Others, Regina (On the Application of) v Secretary of State for the Home Department and Another: Admn 30 Nov 2001

Four prisoners challenged the refusal to grant them enhanced status under the prison’s Incentives and Earned Privileges Scheme. Each maintained a denial of guilt and so was not eligible for a treatment programme. Held: The applications failed. There is nothing intrinsically unfair, unreasonable or irrational in requiring a prisoner, as part of the sentence planning … Continue reading Potter and Others, Regina (On the Application of) v Secretary of State for the Home Department and Another: Admn 30 Nov 2001

The Home Office v Wainwright and Wainwright: CA 20 Dec 2001

The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the prison officers had a right to conduct the search. The actions had … Continue reading The Home Office v Wainwright and Wainwright: CA 20 Dec 2001

Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

The prisoner had been sentenced but then transferred to a secure mental hospital. Whilst there be acted in a way equivalent to a hostage taking. Held: Upon his release from the mental hospital the powers as to recall under the prison sentence remained intact, and he was properly returned to prison. Judges: Collins J Citations: … Continue reading Miah, Regina (on the Application Of) v Secretary of State for Home Department: Admn 22 Jul 2004

Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

The League challenged the respondent’s statement in the Prisons’ Handbook that children held in young offender institutions were not subject to the protection of the 1989 Act. Held: Neither the Prison Act and Rules excluded the Prison authorities from the list of those required to co-operate with local authorities in the exercise of their duties … Continue reading Regina (Howard League for Penal Reform) v Secretary of State for the Home Department: QBD 29 Nov 2002

Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon his impending release from hospital, the respondent ordered him to be returned to prison. He absconded form the … Continue reading Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Campbell v The United Kingdom: ECHR 25 Mar 1992

The applicant complained about the compatibility with the European Convention of the Prisons rule 74(4) which provided that ‘every letter to or from a prisoner shall be read by the Governor . . and it shall be within the discretion of the Governor to stop any letter if he considers that the contents are objectionable.’ … Continue reading Campbell v The United Kingdom: ECHR 25 Mar 1992

Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the … Continue reading Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

Grant and Another v The Ministry of Justice: QBD 19 Dec 2011

To establish a breach of Article 3 the Claimant must show he has suffered the ill- treatment he alleges, and that it amounts to a violation of Article 3. The claimant prisoners complained that a lack of in-cell sanitation infringed their human rights, and particularly so when confined to their cells for 13 hours overnight. … Continue reading Grant and Another v The Ministry of Justice: QBD 19 Dec 2011

Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

The claimant challenged the lawfulness of his detention between 15 January and 4 March 2021 (‘the unlawful detention challenge’). He was arrested on 15 January 2021 on the basis that he was unlawfully at large and returned to prison to serve the remainder of the determinate sentence imposed by Southwark Crown Court on 9 February … Continue reading Kessie-Adjei, Regina (on The Application of) v Secretary of State for Justice: Admn 30 Mar 2022

Johnson, Regina v: CACD 10 Mar 2017

Appeal against conviction (on plea) of smuggling drugs and mobile SIM cards into prison. His defence statement indicated that he had acted under pressure and in ignorance. Held: The appeal failed. A charge under either section 40B(1)(a) or section 40C(1)(a) of the Prison Act 1952 was proved once it was established that the defendant knew … Continue reading Johnson, Regina v: CACD 10 Mar 2017

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

O’Reilly v Mackman: HL 1982

Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982

Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were made in response to the transfer to the unit of one particular prisoner. Held: Despite the changes given in the … Continue reading Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 19 Mar 2010

Racz v Home Office: HL 17 Dec 1993

The Home Office can be liable for the actions of prison officers which amounted to an official misfeasance. The principles of vicarious liability apply as much to misfeasance in public office as to other torts involving malice, knowledge or intention. Lord Jauncey said: ‘My Lords, in my view, striking out paragraph 6 of this claim … Continue reading Racz v Home Office: HL 17 Dec 1993

Leech v Governor of Parkhurst Prison: HL 1988

The House was asked whether a disciplinary decision by a governor was amenable to judicial review. Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; they are subject to the supervision of the courts in their compliance with the rules of natural justice. … Continue reading Leech v Governor of Parkhurst Prison: HL 1988

Walker v Secretary of State for Justice: Admn 16 Dec 2009

The claimant challenged his prisoner classification and risk assessment which led to him being held at a high security prison. He was over 60 years old, and in poor health. Held: The request for review failed. The court was satisfied that at all stages, full account has been taken of the possible impact of the … Continue reading Walker v Secretary of State for Justice: Admn 16 Dec 2009

Prison Officers Association v Iqbal: CA 4 Dec 2009

The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had been issued confining the prisoners within their cells. The Association appealed against a finding … Continue reading Prison Officers Association v Iqbal: CA 4 Dec 2009

St George v The Home Office: CA 8 Oct 2008

The claimant was taken into prison. He was known to be subject to epilepsy, with high risks on withdrawal from drugs, but was allocated a high bunk. He had a seizure and fell, suffering head injuries. He sought damages in negligence. The defendant appealed a preliminary finding that the prison service had broken a duty … Continue reading St George v The Home Office: CA 8 Oct 2008