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Regina v Secretary of State for the Home Department and Another, Ex Parte Allen: CA 10 Mar 2000

No right arose in favour of a prisoner to see the document upon which a decision to refuse him early release under a home detention and curfew scheme had been made, nor to make representations before completion of the assessment. No procedural unfairness had then arisen. He had a right to appeal, and that hearing … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Allen: CA 10 Mar 2000

King v Secretary of State for Justice: Admn 13 Oct 2010

The claimant sought judicial review of decisions that the claimant had committed a disciplinary offence whilst in custody at a Young Offenders Institute. Held: The claim failed.Pitchford LJ considered the ECHR jurisprudence, and said: ‘In the series of prison cases [Ganci, Gulmez, Enea and Stegarescu] the European Court recognized as personal, and therefore ‘civil’, those … Continue reading King v Secretary of State for Justice: Admn 13 Oct 2010

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

Secretary of State for the Home Department v SP: CA 21 Dec 2004

The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to ensure fairness. Held: Modern standards of fairnesss required that she be given opportunity to be … Continue reading Secretary of State for the Home Department v SP: CA 21 Dec 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

D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 Apr 2005

D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under the 1983 Act. An internal prison report which contained the substantial record of the … Continue reading D, Regina (on the Application of) v Secretary of State for the Home Department: Admn 28 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 (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Payne v Payne; P v P: CA 13 Feb 2001

No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001