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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: 1999 To: 1999

This page lists 22 cases, and was prepared on 02 April 2018.


 
 Messina v Italy; ECHR 1999 - ECHR 2000-X; 25498/94; ECHR 1999-V; [2000] ECHR 438; [2000] ECHR 440
 
Regina v Governor of Whitemoor Prison, Ex parte Main [1999] QB 349
1999
QBD
Kennedy LJ, Judge LJ
Prisons, Legal Professions
The court considered whether prison staff should be able to read letters between a prisoner and his legal advisers before proceedings were actually commenced. Held: The policy represented the minimum intrusion into the rights of prisoners consistent with the need to maintain security, order and discipline in prisons. Kennedy LJ "In my judgment legal professional privilege does attach to correspondence with legal advisers which is stored by a prisoner in his cell, and accordingly such correspondence is to be protected from any unnecessary interference by prison staff. Even if the correspondence is only inspected to see that it is what it purports to be that is likely to impair the free flow of communication between a convicted or remand prisoner on the one hand and his legal adviser on the other, and therefore it constitutes an impairment of the privilege." Judge LJ "Prisoners whose cells are searched in their absence will find it difficult to believe that their correspondence has been searched but not read. The governor's order will sometimes be disobeyed. Accordingly I am prepared to accept the potential 'chilling effect' of such searches."
1 Cites

1 Citers



 
 Regina v Ellingham; CACD 28-Jan-1999 - Times, 22 March 1999
 
Regina v Parole Board and Secretary of State for Home Department ex parte Robert Cyril James Watson [1999] EWHC Admin 108
5 Feb 1999
Admn

Prisons

[ Bailii ]

 
 Regina v Secretary of State for Home Department ex parte Mehmet and O'Connor; Admn 9-Feb-1999 - [1999] EWHC Admin 123

 
 Regina v Secretary of State for The Home Department Ex Parte Simms; HL 11-Feb-1999 - Times, 09 July 1999; Gazette, 28 July 1999; [1999] UKHL 33; [2000] 2 AC 115; [1999] 3 All ER 400; [1999] 3 WLR 328; [1999] EMLR 689; (1999) 7 BHRC 411; (1999) 2 CHRLD 359
 
Regina v Secretary of State for Home Department ex parte Fitzmaurice [1999] EWCA Civ 795
16 Feb 1999
CA

Prisons

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Keith Saunders [1999] EWCA Civ 806
17 Feb 1999
CA

Prisons

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Allen [1999] EWHC Admin 245
19 Mar 1999
Admn

Prisons

1 Cites

1 Citers

[ Bailii ]
 
Thomas Anthony Lawson v Governor of H M Prison Brixton, and Government of Australia [1999] EWHC Admin 253
23 Mar 1999
Admn

Extradition, Prisons

[ Bailii ]
 
Regina v Parole Board ex parte Eric Jones [1999] EWHC Admin 306
15 Apr 1999
Admn

Prisons

[ Bailii ]
 
Regina v Stubley and In the Matter of an Application for a Writ of Habeas Corpus and Subjiciendum [1999] EWHC Admin 357
26 Apr 1999
Admn

Prisons
Custody Time Limits.
[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Peter Brian Cooksey [1999] EWHC Admin 386
30 Apr 1999
Admn

Prisons

Criminal Justice Act 1991 32(6)
[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte George Anthony Daly [1999] EWCA Civ 1476
25 May 1999
CA

Prisons, Legal Professions, Human Rights

1 Citers

[ Bailii ]
 
Regina v Secretary of State for the Home Department, ex parte Quinn Gazette, 26 May 1999
26 May 1999
QBD

Constitutional, Prisons
A prisoner charged with a prison mutiny was moved to a prison, where one of the officers now worked. He feared reprisals, and that his trial would be unfair. The right to a fair trial is constitutional, but no real danger was shown here.


 
 Regina v Northamptonshire County Council ex parte Robinson; Admn 26-May-1999 - [1999] EWHC Admin 502
 
Regina v Governor of Her Majesty's Prison Whitemoor ex parte Cooper [1999] EWHC Admin 617
30 Jun 1999
Admn

Prisons

[ Bailii ]
 
Regina v Parole Board and others ex parte Oyston [1999] EWHC Admin 750
28 Jul 1999
Admn

Prisons

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Home Department (Arising From the Complaint of Peter Brian Cooksey) [1999] EWCA Civ 2079
11 Aug 1999
CA

Prisons

[ Bailii ]
 
Regina v Sharkey Times, 10 November 1999; Gazette, 10 November 1999; [2000] 1 Cr App R 409; [2000] 1 WLR 160
10 Nov 1999
CACD

Prisons
Where an offender had been released from prison under licence, but committed a further offence whilst released on licence, and had already been recalled to prison by way of his licence being revoked under section 39, that did not prevent a court dealing with the offender also making an order under s40 for the remainder of the original term to be served consecutively if that was appropriate. The sole concern of the Parole Board is with risk, and it has no role at all in the imposition of punishment.
Criminal Justice Act 1991 39 40
1 Citers


 
V v The United Kingdom; T v The United Kingdom 24888/94; (1999) 30 EHRR 121; Times, 17 December 1999; ECHR 1999-IX; 24724/94; [1999] ECHR 170; [1999] ECHR 171; [1999] Prison LR 189; [2000] 2 All ER 1024; 7 BHRC 659; [2000] Crim LR 187; 12 Fed Sent R 266; [2000] 30 EHRR 121
16 Dec 1999
ECHR

Human Rights, Criminal Sentencing, Prisons
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary of State rather than a court or tribunal independent of the executive. Held: In order for a punishment or treatment associated with it to be “inhuman” or “degrading”, the suffering or humiliation involved must in any event go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment.
European Convention on Human Rights 3 6.1
1 Cites

1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
 
Demirtepe v France [1999] ECHR 173; 34821/97
21 Dec 1999
ECHR
Bratza P
Human Rights, Prisons
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
The Commission had found a violation of article 8 where the prison had opened a number of letters, probably not deliberately, but repeatedly. This amounted to an interference with the applicant's right to respect for his correspondence within the meaning of article 8 and the court awarded 5,000 French francs by way of compensation.
European Convention on Human Rights 8
1 Citers

[ Worldlii ] - [ Bailii ]
 
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