The prisoner complained that his mobile phone having been confiscated, the governor had sought its destruction.
Held: It was not open to the governor to destroy the prisoner’s property. The decision in Duggan made the governor’s interpretation of rule 43 unsustainable.
Judges:
Dobbs J
Citations:
[2009] EWHC 1005 (Admin), Times 23-Apr-2009
Links:
Statutes:
Prison Rules 1999 (1999 No 728) 43(5)
Jurisdiction:
England and Wales
Citing:
Cited – Duggan v Governor of Full Sutton Prison and Another CA 10-Feb-2004
The prisoner had money removed and kept for him on entry to prison. Upon release he claimed that the money had been held in trust, and should have been invested for some return. He appealed a finding that the money had been held simply as a debt . .
Distinguished – AVX v EGM Solders Ltd QBD 1-Jul-1982
The defendants had agreed to the return of defective spheres of solder which they had manufactured for the plaintiffs. By mistake, as well as returning the defective solder in one box, the plaintiffs returned twenty-one boxes of capacitors which . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 01 July 2022; Ref: scu.341217
