The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial.
Held: Both proceedings had resulted in the extension of the respective prison sentences. The rules gave the governor discretion to allow representation, but no duty. The Convention required a defendant to be allowed legal representation in any criminal proceedings. Case law allowed exclusion of representation in adjudication proceedings, but these proceedings required representation. The procedure did infringe the prisoners’ human rights.
Judges:
J-P Costa, P and JJ W. Fuhrmann, L. Loucaides, Sir Nicolas Bratza, H. S. Greve, K. Traja and M. Ugrekhelidze Section Registrar S. Dolle
Citations:
Times 30-Jul-2002, 39665/98, 40086/98, [2002] ECHR 590, [2003] ECHR 485, (2002) 35 EHRR 691, (2003) 39 EHRR 1, (2002) 35 EHRR 28, [2002] ECHR 595
Links:
Statutes:
European Convention on Human Rights 6(3)
Jurisdiction:
Human Rights
Citing:
Cited – Regina v Home Secretary, Ex parte Tarrant and Others 1985
An application for an oral hearing by the prisoner had been made on a special basis. The court set out six considerations of the conditions under which a prisoner facing internal disciplinary proceedings should be given access to legal . .
Cited by:
Distinguished – West, Regina (on the Application of) v Parole Board CA 13-Nov-2002
The prisoner had been released on licence, but then recalled and re-arrested it being alleged that he was in breach of his conditions. His solicitors sought to represent him at the hearing of the parole board which considered whether to recommend . .
Cited – Regina on the Application of Uttley v Secretary of State for the Home Department CA 30-Jul-2003
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights.
Cited – Napier v Secretary of State for Home Department Admn 29-Apr-2004
The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing . .
See also – Ezeh and Connors v The United Kingdom ECHR 9-Oct-2003
The applicants were prisoners subject to disciplinary proceedings. The offences were equivalent to criminal charges in domestic law. They were refused legal assistance, and had additional terms added to their sentences.
Held: The charges . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Cited – Haase, Regina (on the Application of) v Independent Adjudicator and Another CA 14-Oct-2008
The appellant complained that as a prisoner he was subjected to disciplinary proceedings for refusing to co-operate with drugs tests. He said that he had not been informed that there would be a penalty if he did not comply. He now complained that . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 06 June 2022; Ref: scu.174391