Dennehy, Regina (on The Application of) v Secretary of State for Justice: Admn 26 May 2016

The claimant, one of only two women serving whole life sentences, complained that she had been held for long periods of time under segregation conditions, and that that had not properly been authorised.
Held: Save for granting a declaration that the conditions had been unlawful for a particular period, the claims failed: ”It is important to recall that everyone within the jurisdiction is entitled to the protection of the law, including the protection of their human rights. That includes even someone who has committed the most serious crimes. This is because ours is a society governed by the rule of law.
I have considered carefully the submissions that have been made in this case. For the reasons set out in this judgment I have come to the following conclusions:
(1) As is conceded by both Defendants, the Claimant’s segregation was unlawful in the period from 21 September 2013 to 4 September 2015 because it was not in accordance with the requirements of rule 45 of the Prison Rules as they were at that time.
(2) There has been no breach of the duty to act fairly in this case. The Claimant’s segregation is not unlawful on that ground.
(3) There has been no breach of Article 3 of the Convention rights in this case. The Claimant has not been subjected to inhuman or degrading treatment.
(4) The Claimant’s segregation was not in accordance with law and, for that reason but no other, there was a breach of Article 8 in the period from 21 September 2013 to 4 September 2015. However, the Claimant’s segregation has been in accordance with law since that time and has, at all material times, been necessary and proportionate.
(5) There has been no breach of the right to equal treatment in the enjoyment of Convention rights in Article 14.
(6) The Claimant’s segregation has, at all material times, been reasonable and therefore lawful at common law.’

Singh J
[2016] EWHC 1219 (Admin), CO/4332/2015
Bailii, Judiciary Summary, Judiciary
Prison Rules 1999 45, European Convention on Human Rights 8 14
England and Wales

Prisons, Human Rights, Torts – Other

Updated: 01 November 2021; Ref: scu.564803