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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Prisons - From: 1997 To: 1997

This page lists 32 cases, and was prepared on 02 April 2018.


 
 ELH and PBH v United Kingdom; ECHR 1997 - (1997) 91 A-DR 61
 
Regina v Secretary of State ex parte Toner and Walsh [1997] NIQB 18
1997
NIQB

Northern Ireland, Human Rights, Prisons, Elections
The claimants sought damages saying that the respondent had infringed their human rights in removing their right to vote in an election whilst serving prison sentences.
1 Citers


 
Regina v HM Prison Service ex parte Hibbert [1997] EWHC Admin 20
16 Jan 1997
Admn
Latham J
Prisons, Natural Justice
The general contention that the governor, being part of the prison administration and privy to the decision, could not conduct an adjudication within th eprison was not "something outside the normal situation, which could justify intervention in response to a bias accusation".
1 Citers

[ Bailii ]
 
Regina v Governor of HMP Rochester, ex parte Lehchibi [1997] EWHC Admin 40
21 Jan 1997
Admn

Prisons

[ Bailii ]
 
Regina v Governor of HM Prison Whitemoor ex parte Main [1997] EWHC Admin 152
17 Feb 1997
Admn

Prisons

1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Zulfikar [1997] EWHC Admin 161
18 Feb 1997
Admn
Kay J
Prisons
The applicant sought leave to present an applicant for judicial review. He had wanted parole, but the parole board considered that his continued denial of guilt meant that he was unwilling to address the causes of his offending. Held: The reasoning of the Parole Board correctly followed the case of Lillycrop and Powell. Leave refused.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Secretary of State for Home Department ex parte O'Dhuibir and Another; CA 27-Feb-1997 - [1997] EWCA Civ 1110
 
Regina v Parole Board ex parte John Hirst [1997] EWHC Admin 205
1 Mar 1997
Admn

Prisons

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Hepworth, Fenton-Palmer and Baldonzy and Regina v Parole Board ex parte Winfield [1997] EWHC Admin 324
25 Mar 1997
Admn
Laws J
Prisons, Criminal Sentencing
The applicants for judicial review had each been convicted and sentenced for sex offences. Each maintained his innocence, and now complained that that fact had prejudiced decisions as to early release on parole and as to their categorisation. Held: The court identified four issues (1) The Parole Board must assume the prisoner’s guilt of the offence. (2) The Board’s first duty is to assess the risk to the public of re-offending (3) It is unlawful for the Board to deny a recommendation for parole on the ground only that the prisoner continues to deny his guilt. (4) In some cases, particularly of serious persistent violent or sexual crime, a continued denial of guilt will almost inevitably mean that the risk posed by the prisoner remains high. The Board is then entitled (perhaps obliged) to deny a recommendation. As to the cases of refusing re-categorisation, these touched on matters where a very clear case would have to be established before a review would be given. Review was denied.
Criminal Justice Act 1991 33(5) - Prison Rules 1964 3(1)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte C J Mulkerrins [1997] EWHC Admin 403
23 Apr 1997
Admn

Prisons

[ Bailii ]
 
Regina v Parole Board ex parte Mohammed Zulfikar [1997] EWCA Civ 1548
28 Apr 1997
CA
Lord Justice Kennedy, Lord Justice Waite, Mr Justice Mccullough
Prisons
The applicant appealed refusal of leave to apply for judicial review of a refual of parole. He denied his guilt of the offence, and complained it had improperly affected the decision. Held: Since the decision appealed, the court had, in Hepworth, set out the appropriate considerations. The Parole Board had not acted unlawfully or irrationally. Appeal refused.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Governor of HMP Bullingdon, ex parte Michael Patrick McDade [1997] EWHC Admin 423
29 Apr 1997
Admn

Prisons

[ Bailii ]
 
Regina v Inner London Probation Service Secretary of State for Home Department Parole Board, HMP Wormwood Scrubs ex parte Andrew Constantine [1997] EWHC Admin 748
31 Jul 1997
Admn
Harrison J
Prisons

[ Bailii ]
 
Regina v Accrington Youth Court Governor of HM Prison Risley Secretary of State for Home Department ex parte Claire Louise Flood Times, 10 October 1997; Gazette, 01 October 1997; [1997] EWHC Admin 783
22 Aug 1997
Admn

Criminal Sentencing, Prisons
The Policy of allowing youths to be held in adult prisons for assessment purposes immdiately after conviction was unlawful.
Criminal Justice Act 1982 1C(1)
[ Bailii ]
 
Bamber v United Kingdom 33742/96
11 Sep 1997
ECHR

Human Rights, Prisons
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement that the interference with the applicant's Article 10 rights should be 'prescribed by law'. "the assessment of whether the interference was necessary must be made having regard to the ordinary and reasonable requirements of imprisonment, and that some measure of control over the content of prisoners' communications – the scope of which is not in issue in the present case – is not in itself incompatible with the Convention."
1 Cites

1 Citers



 
 Regina v Parole Board ex parte Harris; Admn 15-Sep-1997 - [1997] EWHC Admin 808
 
Regina v Governor of Haverigg Prison Ex Parte McMahon Times, 24 September 1997; Gazette, 01 October 1997
24 Sep 1997
QBD

Criminal Sentencing, Prisons
Where a defendant had been remanded into custody awaiting trial on two separate matters, the time served remaining unused from one sentence may be credited against a subsequent sentence.

 
In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1997] EWHC Admin 824
2 Oct 1997
Admn

Prisons

Children and Young Persons Act 1933 53(2)
[ Bailii ]
 
Ex Parte Blackstock HC Admin 831
6 Oct 1997
Admn
Lord Justice Brooke, Mr Justice Gage
Prisons
The applicant appealed a refusal of leave to apply for a judicial review of the refusal of the parole board to move him, as a prisoner serving a life sentence, to a lower security prison. The application should no reasonable prospects of success, and leave was denied. The court would not order the prisons service to bear the additional costs of him being transported from prison to court.
[ Bailii ]
 
Regina v Parole Board ex parte Monteleone ex parte Teixeira ex parte Nunez [1997] EWHC Admin 841
7 Oct 1997
Admn

Prisons

[ Bailii ]
 
Regina v Parole Board ex parte Ian Neil Mcintyre [1997] EWHC Admin 845
8 Oct 1997
Admn

Prisons

[ Bailii ]
 
Regina v HM Prison Service ex parte Monk [1997] EWHC Admin 897
20 Oct 1997
Admn

Prisons

[ Bailii ]
 
ex parte Bowen [1997] EWHC Admin 917
23 Oct 1997
Admn

Prisons

[ Bailii ]

 
 Regina v Secretary of State for the Home Department ex parte Coleman Joseph Mulkerrins; CA 6-Nov-1997 - Times, 03 February 1998; [1997] EWCA Civ 2661
 
Regina v Secretary of State for Home Department ex parte Michael John McAvoy [1997] EWHC Admin 1017
14 Nov 1997
Admn

Prisons

1 Cites

1 Citers

[ Bailii ]

 
 Daniels v Griffiths; CA 27-Nov-1997 - Gazette, 17 December 1997; Times, 02 December 1997; [1997] EWCA Civ 2836; [1998] EMLR 488
 
Regina v Secretary of State for Home Department ex parte John Hirst [1997] EWHC Admin 1070
1 Dec 1997
Admn

Prisons
Application for judicial review of prison disciplinary decisions.
[ Bailii ]
 
In the Matter of an Application for Judicial Review: Regina v Parole Board ex parte Ian Neil Mcintyre [1997] EWCA Civ 2876
2 Dec 1997
CA

Prisons

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Michael McAvoy Gazette, 08 January 1998; Times, 12 December 1997; [1997] EWCA Civ 2888; [1998] 1 WLR 790
3 Dec 1997
CA
Lord Woolf MR
Prisons
A prisoner had the right to know the gist (though not the full contents) of reports used in deciding on a review of his security status. (Lord Woolf MR) "For my part, I accept that it is desirable, when something has the impact which being placed in category A has on a prisoner, that the approach should be to ensure, so far as practical, that fairness is achieved. However, in considering whether in any particular situation the procedure which is adopted is fair or unfair, one has to reach a decision not only in the light of the situation of the prisoner, but also in the light of the practical considerations which must apply to the proper running of a prison. The very fact that we are talking about prisoners who have been categorised as category A indicates that they are among those who are the most dangerous within the system. There can be considerable difficulty within the prison service in the managing of those prisoners …
… in the end it seems to me that the question this court has to answer is whether the procedure which is in fact adopted on the review of categorisation is one which complies with the requirements of fairness, having regard to the nature of the exercise being carried out. As to that, I have no doubt, having seen the material in this case, that the way the process was carried out in this case was perfectly satisfactory and perfectly fair.
I can see difficulties for the prison services in adopting the approach which the applicant would urge upon them of normally disclosing all the material which is relied upon and, whenever it was appropriate to do so, seeking public interest immunity. A procedure of that nature seems to me to be inconsistent in that it is too formal for the sort of administrative decision which is being reached in relation to categorisation.
The House of Lords in Doody's case [1994] 1 AC 531 endorsed an approach which involved providing the gist of the material relied upon rather than the actual material itself. It seems to me that in a great many cases the interests of a prisoner will be fully protected if the procedure envisaged by Lord Mustill in Doody's case is adopted. In my judgment the procedure which is being followed at present by the Prison Service in relation to the review of the category in which a prisoner is placed accords with Doody's case. That is a perfectly satisfactory procedure, particularly and most importantly because, where appropriate, the Secretary of State or those responsible for the review in practice are prepared to reconsider, in the circumstances of any particular case, whether additional information should be made available.
In my judgment what is done in pursuance of that policy provides sufficient safeguards for a person in the position of the applicant. It does not seem to me that he should receive either the actual information or the names of those providing that information. It is sufficient if the gist of the reports plus any special information is provided to him."
1 Cites

1 Citers

[ Bailii ]
 
Regina v HM Prison Service Category a Review Committee ex parte Murray [1997] EWHC Admin 1086
4 Dec 1997
Admn

Prisons

[ Bailii ]
 
Simm's Application for Judicial Review; O'Brien's Application for Judicial Review and Main's Application for Judicial Review [1997] EWCA Civ 2913; [1998] 2 All ER 491
4 Dec 1997
CA
Kennedy, Judge, Chadwick LJJ
Prisons, Media
In two cases, long term prisoners who asserted their innocence were in touch with journalists. Challenges were made against conditions imposed on their access that materials obtained during the visits should not be disclosed by the journalists. A third prisoner challenged the inspection of correspondence with his solicitor. The prison governors' now appealed against rulings in the favor of the prisoners as to th validity of the Prison Service Standing Orders.
Prison Rules 1964 33(1)
1 Cites

[ Bailii ]

 
 Regina v Secretary of State for the Home Department ex parte Simms; ex parte O'Brien; ex parte Main; CA 9-Dec-1997 - Gazette, 08 January 1998; Times, 09 December 1997; [1999] QB 349
 
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