The prisoner had money removed and kept for him on entry to prison. Upon release he claimed that the money had been held in trust, and should have been invested for some return. He appealed a finding that the money had been held simply as a debt with no duty to invest it.
Held: The removal of the money created a debt and no more. A prisoner retained all rights save any expressly removed. The rules made no other provision, and it was argued therefore that the prisoner retained beneficial ownership. That was the wrong question. The rule required the prisoner to be deprived of possession of the money. There was nothing in the language of the section to disturb other law. Cash and notes are fungibles. The transfer of them from one person to another transferred title at the same time. A debt was created.
Judges:
Peter Gibson, Chadwick, Keene LJJ
Citations:
Times 13-Feb-2004, [2004] EWCA Civ 78, Gazette 04-Mar-2004, [2004] 1 WLR 1010
Links:
Statutes:
Prison Rules 1999 (1999 No 728) 43(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Duggan v Governor of Full Sutton Prison and Another ChD 28-Feb-2003
On reception into prison, the prison took cash from the claimant which was returned on his release. He claimed that it should have been invested.
Held: The credit of the receipt into the books of the prison created only a debt as between the . .
Cited by:
Appealed to – Duggan v Governor of Full Sutton Prison and Another ChD 28-Feb-2003
On reception into prison, the prison took cash from the claimant which was returned on his release. He claimed that it should have been invested.
Held: The credit of the receipt into the books of the prison created only a debt as between the . .
Cited – Regina (Coleman) v Governor of Wayland Prison QBD 3-Apr-2009
The prisoner complained that his mobile phone having been confiscated, the governor had sought its destruction.
Held: It was not open to the governor to destroy the prisoner’s property. The decision in Duggan made the governor’s interpretation . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 09 June 2022; Ref: scu.193474
