An application for an oral hearing by the prisoner had been made on a special basis. The court set out six considerations of the conditions under which a prisoner facing internal disciplinary proceedings should be given access to legal representation. They were: first, the seriousness of the charge and potential penalty; second, whether points of law are likely to arise; third, the capacity of the prisoner to present his own case; fourth, procedural difficulties; fifth, the requirement for reasonable speed in determining the charge and, sixth, the need for fairness between prisoners and prison staff.
Judges:
Webster J
Citations:
[1985] 1 QB 251
Jurisdiction:
England and Wales
Cited by:
Cited – Ezeh and Connors v The United Kingdom ECHR 15-Jul-2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial.
Held: Both proceedings had . .
Approved – Regina v The Board of Visitors of HMP The Maze ex parte Hone and McCartan 1988
The question whether a prisoner or young offender is entitled to legal representation at an internal prison adjudication is one for the discretion of the relevant authority. . .
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Cited – Regina v Board of Visitors of the Maze Prison, ex Parte Hone HL 21-Jan-1987
The House was asked whether a prisoner appearing before a Board of visitors on a disciplinary charge is entitled as of right to legal representation at the hearing. The prisoners had failed in their claims to such a right.
Held: The argument . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 28 May 2022; Ref: scu.183463
