2004
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Cases Reported |
| Quaquah and others v Group 4 Falck Global Solutions Ltd | 1 |
| Issue: Whether detention officers who had given evidence against detainees charged with riot were liable in malicious prosecution | |
| R v JT | 6 |
| Issue: Whether the imposition of an extended licence for offences committed before 1 October 1992 was a breach of Art 7. | |
| R v BR | 8 |
| Issue: Whether the imposition of an extended licence for offences committed before 1 October 1992 was a breach of Art 7. | |
| R (Giles) v Parole Board and Home Secretary | 13 |
| Issue: What Art 5 European Convention requires in relation to those given a longer than commensurate sentence under s80(2)(b) Powers of Criminal Courts (Sentencing) Act 2000. | |
| R (Smith) v Parole Board | 31 |
| Issue: Whether a prisoner recalled to prison for breach of licence was entitled to an oral hearing in front of the Parole Board by virtue of Arts 5 or 6 European Convention and/or common law. | |
| R (Sim) v (1) Parole Board (2) Home Secretary | 44 |
| Issue: The requirements of Art 5 in relation to the continued detention of recalled extended sentence prisoners; the interpretation of s44A Criminal Justice Act 1991; the admissibility of hearsay evidence | |
| R (BP) v Home Secretary | 57 |
| Issue: Whether conditions in the segregation unit of a Young Offender Institution breached the YOI Rules and Arts 3 and 8 European Convention. | |
| R (Lord) v Home Secretary | 65 |
| Issue: (1) The adequacy of disclosure of the ‘gist’ of Category A reports in L’s case and the adequacy of the ‘gist’ system of disclosure in general. (2) Whether L was entitled to disclosure of full Category A reports under the Data Protection Act 1998. | |
| Von Bulow v UK | 91 |
| Issue: Whether the lack of a court with a power to direct release and the failure to have an oral hearing for a mandatory life sentence prisoner breached Art 5(4) of the Convention | |
| Ezeh and Connors v UK | 95 |
| Issue: Right to legal representation at disciplinary hearings at which additional days are awarded | |
| R (Cannan) v Home Secretary and Governor HMP Full Sutton and another | 124 |
| Issue: Whether it was lawful to require prior authorisation for legal documents to be handed to or taken from a legal adviser. | |
| Wainwright v Home Office | 130 |
| Issue: Whether an unjustified strip search of a visitor to prison gave rise to a remedy in tort and if so what remedy. | |
| R (Amin) v Home Secretary | 140 |
| Issue: Whether the provisions of Art 2 European Convention required a public inquiry into the death of a young Asian man killed by a known-racist cell-mate who had a severe personality disorder. | |
| Wynne v UK | 154 |
| Issue: Whether the failure to have an oral hearing for a mandatory lifer breached Art 5§4 European Convention; whether the absence of a domestic remedy of compensation breached Art 5§5 | |
| R (Jackson) v Parole Board and Home Secretary | 157 |
| Issue: The lawfulness of a decision to recall a determinate sentence prisoner. | |
| R (Cawser) v Home Secretary | 166 |
| Issue: The extent of Home Secretary’s duty as to the provision of treatment courses necessary for release of a post-tariff life sentenced prisoner. | |
| R (Murray) v Parole Board and Home Secretary | 175 |
| Issue: Whether the Home Secretary’s interim measures in relation to the review of post-tariff life sentence prisoners complied with Art 5(4) European Convention; whether 2 years between reviews was reasonable. | |
| R (Dudson) v Home Secretary and The Lord Chief Justice | 181 |
| Issue: Whether a decision of the Lord Chief Justice on tariff length was susceptible to Judicial Review; whether there was a right to an oral hearing before the LCJ re tariff. | |
| R (King) v Home Secretary | 191 |
| Issue: Whether the delay between Parole Board reviews of a mandatory lifer was reasonable | |
| R (P) v Home Secretary | 195 |
| Issue: Whether Art 5§4 European Convention requires that the review of the ongoing detention of a life-sentence prisoner transferred to hospital under the Mental Health Act 1983 be by a single tribunal, rather than successively by a Mental Health Review Tribunal and the Parole Board; whether the present procedure provided a transferred patient with a speedy hearing. | |
| R (Morton) v Governor HMP Long Lartin and Home Secretary | 206 |
| Issue: Whether it was lawful to refuse to allow a prisoner to possess pornographic magazines. | |
| R (John Smith) v Home Secretary | 211 |
| Issue: Whether a prisoner was required to give evidence before being admitted to a Protected Witness Unit; whether the prisoner should be held in a PWU whilst enquiries as to risk were on-going. | |
| R (John Smith) v Home Secretary (No 2) | 218 |
| Issue: The lawfulness of a decision to transfer a prisoner from a Protected Witness Unit. | |
| R v Oakley | 221 |
| Issue: Whether a fresh sentence can run consecutively to a sentence being served following revocation of a licence. | |
| R (A) v National Probation Service | 222 |
| Issue: Whether it was lawful to disclose the conviction of a prisoner released on licence to a private housing association. | |
| R (A and others) v Home Secretary | 231 |
| Issue: Whether restrictions placed on the interviewing of suspected terrorist detainees were lawful | |
| Practice Direction (Crime: Mandatory Life Sentences) | 238 |
| Issue: The factors to be taken into account in setting the minimum term to be served for punishment and deterrence. | |
| R (Napier) v Home Secretary | 241 |
| Issue: Whether prison disciplinary hearings at which additional days could not be awarded had to comply with Art 6 European Convention. | |
| R (Nilsen) v (1) Governor of HMP Sutton (2) Home Secretary | 248 |
| Issue: Whether the refusal to allow a prisoner to have the transcript of his autobiography breached Art 10 European Convention | |
| R (Roberts) v Parole Board | 257 |
| Issue: Whether the Parole Board was able to appoint a special advocate to consider sensitive material which was not released to the prisoner’s solicitors | |
| R (Coleman) v Governor HMP Hull and Home Secretary | 264 |
| Issue: Whether the refusal of the Governor to allow a remand prisoner escorted leave to attend a funeral breached Art 8 European Convention. | |
| R (DT) v Home Secretary | 267 |
| Issue: Whether a decision to place a 15 year old female prisoner in a Prison Service establishment was lawful. | |
| R (O’Rourke) v Home Secretary | 293 |
| Issue: Whether change in policy of those eligible for early release on HDC licence was a breach of a legitimate expectation or engaged Art 7 of the European Convention. | |
| R (Richards) v Home Secretary | 296 |
| Issue: Whether a mandatory life sentence prisoner was entitled to compensation under Art 5(5) European Convention following a ruling that Art 5(4) applied to the post-tariff detention of such a prisoner and delays in his release following a Parole Board decision in his favour. | |
| R (Hindawi and Headley) v Home Secretary | 317 |
| Issue: Whether the different treatment in relation to parole of prisoners subject to a deportation order breached Art 14 European Convention; whether adequate reasons were given for refusing parole. | |
| R (Brooks) v Parole Board and Home Secretary | 324 |
| Issue: Whether the Parole Board acted lawfully in considering hearsay evidence, acted fairly in not issuing a witness summons and acted fairly in deciding not to direct release. | |
| Duggan v (1) Governor HMP Full Sutton (2) Home Office | 340 |
| Issue: Whether the arrangements for holding cash taken from prisoners were lawful. | |
| R (Smith) v Home Secretary; R (Dudson) v Home Secretary and The Lord Chief Justice | 350 |
| Issue: Whether the Home Secretary is obliged to offer an occasional review of the tariff fixed in relation to those sentenced prior to 30 November 2000 to detention during Her Majesty’s Pleasure for murder; whether a decision of the Lord Chief Justice on tariff length is susceptible to Judicial Review; whether there is a right to an oral hearing before the LCJ re tariff. | |
| R (AT) v Parole Board and Home Secretary | 369 |
| Issue: Whether a Parole Board review after a recall decision was fair in light of the reasons and the failure to disclose a report considered by the Board; whether a requirement to attend a sex offending course was reasonable in light of denial of guilt. | |
| R (Price) v Governor HMP Kirkham | 373 |
| Issue: Whether the Governor had acted fairly in not disclosing certain facts taken into account in refusing a Home Detention Curfew application. | |
| R (Green) v Governor of HMP Risley and Home Secretary | 376 |
| Issue: Whether denial of guilt and failure to complete offending behaviour work justified refusing enhanced status in relation to privileges. | |
| R (Henry) v Parole Board and Home Secretary | 380 |
| Issue: Whether the Parole Board had breached Art 5 European Convention by requiring a mandatory life sentence prisoner to show that he was suitable for release. | |
| R (Szuluk) v Governor, HMP Full Sutton | 386 |
| Issue: Whether a prisoner in a Category A prison had a right to private correspondence with outside medical advisors. | |
| Dempsey v Parole Board for Scotland and the Scottish Ministers | 391 |
| Issue: Whether Art 5 European Convention was breached when a prisoner on licence was recalled to custody without an oral hearing. | |
| Yankov v Bulgaria | 424 |
| Issue: Whether forced head shaving breached Art 3 European Convention; whether delays in proceedings breached Art 5 and/or Art 6; whether a disciplinary sanction for a complaint against court proceedings and prison staff breached Art 10. | |
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