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 unfairness had then arisen. He had a right to appeal, and that hearing would take place on a de novo basis, with the prisoner then having enhanced right of access and to make representations. The scheme was a non-statutory scheme where it was open to the Home Secretary to lay out the rules.
Citations:
Times 21-Mar-2000, Gazette 06-Apr-2000
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for Home Department ex parte Allen Admn 19-Mar-1999
. .
Cited by:
Appealed to – Regina v Secretary of State for Home Department ex parte Allen Admn 19-Mar-1999
. .
Cited – Palmer, Regina (on the Application of) v Secretary of State for the Home Department Admn 19-Jul-2004
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 . .
Cited – Secretary of State for the Home Department v SP CA 21-Dec-2004
The applcant, a girl aged 17 was in a young offender institution. She complained that she had been removed to segregation without first giving her chance to be heard. The respondent argued that there were sufficient post decision safeguards to . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 11 May 2022; Ref: scu.85513