Shreeve, Regina (on the Application of) v Secretary of State for the Home Department: Admn 26 Oct 2007

The prisoner as a buddhist was entitled to have in his cell an incense burner. He was accused of having a sharpened object. It was in the shape of a lotus leaf. No evidence was brought that the claimant had sharpened the object.
Held: The claimant was entitled to relief. The priosn officer could not properly convict the claimant unless it was established beyond reasonable doubt that the object in his cell was ‘a sharpened stabbing implement formed from a bamboo incense holder’. There was no evidence of it having been sharpened, or that it might be used or intended for stabbing. Given the potential long term consequences for the claimant, it was not sufficient to leave matters as they stood.


[2007] EWHC 2431 (Admin)




Prison Rules 1999, European Convention on Human Rights 9


England and Wales


CitedTangney 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 . .
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Prisons, Human Rights

Updated: 04 December 2022; Ref: scu.261380