A High Security prisoner is to know the gist of report and reasons for his categorisation: ‘on the first and subsequent annual reviews, fairness, in my view, requires that the gist of the reports be revealed in order to give the opportunity for comment’. What the prisoner is entitled to is ‘to be informed of the gist of any matter of fact and/or opinion relevant to the determination of his security category’.
Judges:
Rose LJ
Citations:
Times 09-Dec-1993, [1994] 3 All ER 277
Citing:
Applied – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited by:
Cited – Lord, Regina (on the Application of) v Secretary of State for the Home Department Admn 1-Sep-2003
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued . .
Cited – Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
Approved – Regina v Secretary of State for Home Department ex parte McAvoy CA 3-Dec-1997
A prisoner had the right to know the gist (though not the full contents) of reports used in deciding on a review of his security status. (Lord Woolf MR) ‘For my part, I accept that it is desirable, when something has the impact which being placed in . .
Cited – Roberts, Regina (on the Application of) v Secretary of State for Home Department Admn 12-Mar-2004
The claimant complained at a decision not to reduce his Category A status to that of a category B prisoner. He continued to maintain his innocence of the murders for which he had been convicted. He was therefore ineligible to take part in . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 10 April 2022; Ref: scu.87983