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 was inadequate.
Held: Although the proceedings may have the effect of postponing the prisoners release, in law they only reduced the extent of remission, and were not therefore criminal proceedings, but rather disciplinary ones, and therefore the Human Rights provisions did not apply. As to the searches there was no obligation on an officer to give reasons for the requirement for an intimate search. They were undignified, and must only be undertaken for good reason, but that good reason existed here. It was impractical to require reasons to be given, though where it was not impractical, it might be good practice to give them. Such a search, where general, should be made on the authority only of somebody of governor grade, and the reasons recorded.
Judges:
Woolf LCJ, Tuckey LJ, Arden LJ
Citations:
Times 16-Aug-2001, [2002] 1 WLR 545
Statutes:
Criminal Justice Act 1991 42(2), European Convention on Human Rights 5.1 6
Jurisdiction:
England and Wales
Citing:
Appeal from – Greenfield v Secretary of State for Home Department Admn 22-Feb-2001
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 . .
Cited by:
Appealed to – Greenfield v Secretary of State for Home Department Admn 22-Feb-2001
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 . .
Appeal from – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 14 September 2022; Ref: scu.159482
