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: The police were not agents of the prison so as to allow anything they said to create a legitimate expectation as against the prison. There was no fine way of assessing what degree of risk created a ‘sufficient clear and immediate risk’ to him to create an Article 2 duty to protect him. There was no sufficient unfairness to create a separate duty, though the court suggested the system should be improved. Appeal dismissed.
Judges:
Lord Justice Auld, Lord Justice Mummery And Lord Justice Keene
Citations:
[2003] EWCA Civ 686, Times 04-Jul-2003, Gazette 04-Sep-2003, [2003] 1 WLR 2724
Links:
Statutes:
Prison Act 1952 12 47(1), Prison Rules 1999 45(1), European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd CA 1990
Legitimate Expectation once created not withdrawn
The claimant said that a change of practice by the Revenue was contrary to a legitimate expectation.
Held: The Inland Revenue could not withdraw from a representation if it would cause: substantial unfairness to the applicant; if the . .
Cited – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) HL 22-May-1985
Ostensible authority creates estoppel
Apparent authority as agent can arise where an employer by words or conduct has represented that his employee, who has purported to act on behalf of the employer, is authorised to do what he is purporting to do. Ostensible authority depends on a . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Appeal from – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department Admn 31-Jul-2002
. .
Cited – Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
Cited – Attorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
Cited – Flanagan and Another v South Bucks District Council CA 16-May-2002
The authority had commenced planning enforcement proceedings. At the hearing, agreement was reached between the defendant and the authority’s representative, and the proceedings were compromised. The authority itself later sought to set aside the . .
Cited – Regina (S) v Brent London Borough Council and Others Regina (T) v Brent and Others Regina (P) v Oxfordshire County Council’s Exclusion Appeals Panel and Another CA 17-May-2002
Three pupils appealed their exclusion from school for violent or threatening behaviour.
Held: The statute imposed clear obligations on the appeal panel to act independently, and to consider both the individual circumstances of the child and . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited by:
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Cited – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007
The deceased had acted as a witness in an intended prosecution. He had sought protection after being threatened. No effective protection was provided, and he was murdered. The chief constable appealed a finding of liability.
Held: The . .
Cited – Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire Admn 29-Apr-2008
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence . .
Lists of cited by and citing cases may be incomplete.
Prisons, Police
Updated: 28 May 2022; Ref: scu.183639