Disciplinary proceedings within a prison were not criminal charges so as to bring into play the provisions of the Human Rights Act, even though they could result in an extension of the time which would be served by the prisoner. Such proceedings would not carry with them the stigma of a full criminal conviction, and it is necessary to ensure consistency throughout the convention countries as to the application of article 6.1. The risk of serving additional days followed from the original deprivation of liberty.
Citations:
Times 06-Mar-2001, [2001] EWHC Admin 129, [2001] 1 WLR 1731
Links:
Statutes:
Criminal Justice Act 1991 42(2)
Jurisdiction:
England and Wales
Citing:
Appealed to – Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same CA 19-Jul-2001
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches . .
Cited by:
Appeal from – Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same CA 19-Jul-2001
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights, Prisons, Human Rights
Updated: 29 May 2022; Ref: scu.140279