D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening): CA 28 Feb 2006

The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case.
Held: The appeal failed. The court recited the requirements for an independent inquiry into such an incident in custody. The judge was correct to require an inquiry in public with representation for the family. The original proposal had now been overtaken by the 2005 Act. The Act did not provide a right to cross examine witnesses. That must be a matter for the discretion of the judge.
The family must be able to participate effectively in the inquest.
References: [2006] EWCA Civ 143, Times 21-Mar-2006, [2006] 3 All ER 946, [2006] HRLR 24
Links: Bailii
Judges: Lord Justice Dyson Lord Justice Tuckey Sir Anthony Clarke MR
Statutes: European Convention on Human Rights 3, Inquiries Act 2005
Jurisdiction: England and Wales
This case cites:

  • Cited – Jordan v United Kingdom; McKerr v United Kingdom; similar ECHR 4-May-2001 (Times 18-May-01, 24746/94, 37715/97, 30054/96, [2001] 11 BHRC 1, [2001] 37 EHRR 52, 28883/95, (2002) 34 EHRR 20, , [2001] ECHR 323, , [2001] ECHR 324, , [2001] ECHR 325, , [2001] ECHR 327, , [2001] ECHR 328, , [2001] ECHR 329, , [2001] ECHR 330)
    Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the . .
  • Cited – Edwards v The United Kingdom ECHR 14-Mar-2002 (Times 01-Apr-02, 46477/99, (2002) 35 EHRR 487, , , [2002] ECHR 303)
    The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
  • Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003 (, , [2003] UKHL 51, Times 17-Oct-03, [2003] 3 WLR 1169, Gazette 20-Nov-03, [2004] 1 AC 653, [2004] UKHRR 75, (2004) 76 BMLR 143, [2003] 4 All ER 1264, [2004] HRLR 3, 15 BHRC 362)
    The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
    Held: There had been a . .
  • Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004 (, [2004] UKHL 10, Times 12-Mar-04, [2004] 2 AC 182, , [2004] 2 WLR 800, [2004] UKHRR 501, [2004] 2 All ER 465, (2004) 79 BMLR 51, [2004] Lloyds Rep Med 288, [2004] 17 BHRC 49, (2004) 168 JPN 479, (2004) 168 JP 329)
    The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
  • Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005 ([2006] 1 WLR 461, , [2005] EWCA Civ 1440, Times 08-Dec-05)
    Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
  • Cited – Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2) CA 12-Oct-2005 (, [2005] EWCA Civ 1172, Times 01-Nov-05)
    The applicant intended to appeal refusal of her challenge to the verdict of the coroner. For the first time at appeal she sought a protective costs order.
    Held: The Corner House case established that a request for a protective costs order . .
  • Cited – Oneryildiz v Turkey ECHR 30-Nov-2004 ([2004] ECHR 657, (2005) 41 EHRR 20, , 48939/99)
    (Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal household refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house killing his close relatives.
    Held: The . .
  • Cited – Menson v United Kingdom ECHR 6-May-2003 (47916/99, , [1998] ECHR 107, (2003) 37 EHRR CD 220, [2003] Inquest LR 146, [2003] Po LR 155)
    There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No . .
  • Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 11-Feb-1999 (Times 16-Jul-99, Gazette 11-Aug-99, , , [1999] 3 WLR 363, [1999] UKHL 35, [2000] 1 AC 360, [1999] 3 All ER 897)
    The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
  • Appeal from – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005 (, [2005] EWHC 728 (Admin))
    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 . .

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Last Update: 28 October 2020; Ref: scu.238756