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 prison and prisoner. No trust was created. What was taken was cash, and cash was returned. He had not been deprived of his property, and there was no rule against him making a request for the money to be paid into an interest bearing account. The right against interruption of the right to peaceful enjoyment had not been infringed.
Judges:
Hart J
Citations:
Times 25-Mar-2003, Gazette 09-May-2003, [2003] 2 All ER 678
Statutes:
Prison Rules 1999 (1999 No 728) 43(3), European Convention on Human Rights 1
Jurisdiction:
England and Wales
Citing:
Appealed to – Duggan v Governor of Full Sutton Prison and Another CA 10-Feb-2004
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 . .
Cited by:
Appeal from – Duggan v Governor of Full Sutton Prison and Another CA 10-Feb-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 21 July 2022; Ref: scu.180382
