The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged.
Held: The prisoner’s appeal was dismissed. The prisoner’s continued detention was determined by the issue of the safety of the public on his release once te determinate part of his sentence was complete. The rules might benefit from clarification. The applicant’s rights to a fair trial at common law were not higher than those granted by t heconvention.
Judges:
Sir Mark Potter P, keane LJ, Scott Baker LJ
Citations:
[2005] EWCA Civ 1009, Times 30-Aug-2005, [2005] HRLR 1220, [2005] 2 Prison LR 253
Links:
Statutes:
Prison Rules 1999 (1999 No 728) 51, European Convention on Human Rights 86
Jurisdiction:
England and Wales
Citing:
Cited – Taylor v Lancashire County Council and others CA 17-Mar-2005
The tenant occupied his farm under a lease limiting his use of the farm. He was found to be trading in breach of his covenant and a notice to quit was issued and possession sought. He argued that the 1986 Act was discriminatory and inadequate to . .
Cited – Engel And Others v The Netherlands (1) ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .
Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Cited – Campbell and Fell v The United Kingdom ECHR 28-Jun-1984
Campbell and others had been involved in conduct within the prison leading to charges against them of mutiny and of striking an officer with a broom handle. The nature of the conduct in question was plainly susceptible of giving rise to criminal . .
Cited – Ezeh and Connors v The United Kingdom ECHR 15-Jul-2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial.
Held: Both proceedings had . .
Cited – Norris v Ireland ECHR 26-Oct-1988
A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote.
Held: The court accepted . .
Cited – Regina v Home Secretary, Ex parte Tarrant and Others 1985
An application for an oral hearing by the prisoner had been made on a special basis. The court set out six considerations of the conditions under which a prisoner facing internal disciplinary proceedings should be given access to legal . .
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Nov-2004
The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review.
Held: Review was granted. The availability of a right of . .
Cited – Napier v Secretary of State for Home Department Admn 29-Apr-2004
The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing . .
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department CA 19-Jul-2001
Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to . .
Cited – 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 . .
Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited by:
Cited – Shreeve, Regina (on the Application of) v Secretary of State for the Home Department Admn 26-Oct-2007
The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 17 May 2022; Ref: scu.229211