The prisoner had been sentenced for serious frauds, and was subject to a long sentence. He complained that the governor had amended his prison categorisation from D to B, resulting in the loss of chance to stay in an open prison without giving him opportunity to make representations.
Held: The governor was under no duty to provide that opportunity. The prisoner had a right of appeal which was sufficient protection. The treatment of life prisoners and non-life prisoners was different. The appeal was allowed on other grounds.
Judges:
Collins J
Citations:
[2004] EWHC 1817 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Home Department and Another, Ex Parte Allen CA 10-Mar-2000
No right arose in favour of a prisoner to see the document upon which a decision to refuse him early release under a home detention and curfew scheme had been made, nor to make representations before completion of the assessment. No procedural . .
Cited – Regina (Hirst) v Secretary of State for the Home Department CA 8-Mar-2001
The prisoner had been re-categorised and transferred to a higher category prison.
Held: A life sentence serving prisoner, who had served the tariff period, and was moving into the period of discretionary detention, was entitled to be informed . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 11 June 2022; Ref: scu.199833