Regina (Gleaves) v Secretary of State for the Home Department: QBD 10 Nov 2004

The defendant prisoner had been disciplined for using a racist term against a prison officer. He complained that the failure to give reasons for the finding of guilt made the decision void.
Held: The disciplinary proceedings could lead to loss of remission, and therefore his liberty was at stake. However there was no statutory duty to give reasons and it could not be a condition of the legality that reasons be given. Governors should nevertheless comply with the directions given in the Prisons Manual and provide the prisoner and other to whom any appeal may be brought with a full and reliable record of the adjudication and reasons for rejecting the prisoners defence.


Lightman J


Times 15-Nov-2004, [2004] EWHC 2522 (Admin)




Prisons Act 1952 47(1)


England and Wales


Updated: 31 May 2022; Ref: scu.219516