The claimant said that whilst he had been detained at a Young Offender Institute, he had been subjected to the Disclipline Incident Reports systems, which he now said was an unlawful interference in his human rights.
Held: As to one system, the challenge failed, but the main challenge succeeded. The defendant suggested that submission to the regime was always by consent, but it remained oppressive as operated at the centre: ‘the DIR system as prescribed in the document and operated at Wetherby is unlawful because (i) it is ultra vires the Act and the rules; (ii) it is actually or potentially arbitrary in the characterisation of offences; and (iii) it lacks minimum essential safeguards for the imposition of punishment.’
Judges:
Holman J
Citations:
[2010] EWHC 15 (Admin)
Links:
Statutes:
Prison Act 1952 47, Young Offender Institution Rules 2000
Prisons, Human Rights
Updated: 13 August 2022; Ref: scu.392876