Newsletter

2002

Cases Reported


R (Giles) v Parole Board and Secretary of State for the Home Department 1
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 (Giles) v Parole Board and Secretary of State for the Home Department 11
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 (Craven) v Secretary of State for the Home Department and Parole Board 18
Issue: Whether an exclusion zone in a life licence was proportionate under Art 8 European Convention
 
Armstrong v Home Office 26
Issue: Whether the Prison Service was liable for psychiatric damage suffered by a prison officer in the course of her employment.
 
R (SR) v Nottingham Magistrates Court 37
Issue: Whether a decision to remand a 16 year old boy to a Young Offender Institution was reasonable; whether the differential treatment of boys and girls in relation to remand places was lawful.
 
R (Mullin) v Secretary of State for the Home Department 56
Issue: Whether it was unlawful for the Home Secretary not to refer a discretionary lifer’s case back to the Parole Board after the conclusion of a review using old reports.
 
Scott and Davidson v Scottish Ministers 58
Issue: Whether an interim order should be granted in judicial review proceedings alleging that the conditions in prison in Scotland breached Art 3 European Convention.
 
Scott and Davidson v Scottish Ministers 60
Issue: Whether an interim order should be granted in judicial review proceedings alleging that the conditions in prison in Scotland breached Art 3 European Convention.
 
R (Amin) v Secretary of State for the Home Department and Others 74
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.
 
R (Jean Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department 87
Issue: Whether an inquest satisfied the requirements of Art 2 European Convention in relation to a death in prison custody.
 
(1) R (Middleton) v HM Coroner for West Somersetshire and (2) R (Amin) v Secretary of State for the Home Department and HM Coroner for West London 100
Issue: The procedural obligations of Art 2 European Convention, the right to life, in relation to deaths in custody.
 
R (Cavanagh and Ors) v Secretary of State for the Home Department and Governor, HMP Frankland 120
Issue: Whether denial of guilt was a relevant consideration in allocating prisoners to a particular level of privileges.
 
R (Cavanagh and others) v Secretary of State for the Home Department and Governor, HMP Frankland 130
Issue: Whether denial of guilt was a relevant consideration in allocating prisoners to a particular level of privileges.
 
Home Office v Mary and Alan Wainwright 133
Issue: Whether strip searches of prison visitors were lawful; the impact of s3(1) of the Human Rights Act 1998 in relation to events occurring before its commencement.
 
Iwańczuk v Poland 151
Issue: Whether a requirement that a remand prisoner submit to a strip search before being allowed to vote breached Art 3 European Convention; whether the delay in granting bail breached Art 5; and whether the length of the criminal proceedings breached Art 6.
 
Edwards v UK 161
Issue: Whether Arts 2 and 13 European Convention were breached in the killing of a prisoner by another, who was mentally ill.
 
Stafford v UK 181
Issue: Whether Art 5 European Convention applied to the post-tariff detention of mandatory lifers.
 
Practice Statement: Life Sentences 197
Issue: The factors to be taken into account in setting the minimum term to be served for punishment and deterrence.
 
R (Cooper) v Governor, HMP Risley & Anor 200
Issue: Whether the Governor was able to prohibit prisoners removing their shirts in Summer; whether the Governor was obliged to provide a computer to assist with preparation for various legal cases
 
Quinland v Governor HMP Belmarsh and Lord Chancellor’s Department 205
Issue: Whether a prisoner could claim against the prison governor where the warrant of committal was based on an arithmetical error; whether he could sue the Criminal Appeals Office for failing to resolve the mistake in a timely fashion.
 
R (McLeod) v Home Secretary 211
Issue: Right to make representations about upward recategorisation before the event and appropriate level of disclosure in recategorisation decisions.
 
R (Angle and Angle) v Governor HMP Ford and Home Secretary 218
Issue: Whether there had been a failure of the requirements of fairness in the recategorisation of prisoners following allegations made against them.
 
R (Ponting) v Governor, HMP Whitemoor and Home Secretary 221
Issue: Whether refusal to allow a prisoner use of his computer infringed his right of access to the courts.
 
R (McFadyen) v Home Secretary 239
Issue: Whether a failure to provide a course for a life sentence prisoner was unlawful.
 
Puzinas v Lithuania 245
Issue: Whether there was a breach of Art 8 in the censorship of a prisoner’s correspondence.
 
Montanaro v Home Office 247
Issue: Whether the dismissal of a claim in negligence should be set aside.
 
R v Fryer, Nichol and Lawrie 252
Issue: Appropriate sentences for prison officers convicted of assaulting an inmate
 
R (Nilsen) v Governor HMP Whitemoor and Home Secretary 254
Issue: Whether it was lawful to review the manuscript of a prisoner’s autobiography sent to him by his solicitors before deciding whether to give it to him.
 
R (Hirst) v Home Secretary 260
Issue: Whether prisoners are entitled to have telephone interviews with the media; the application of Art 10 European Convention.
 
R (Dillon) v Home Secretary 275
Issue: Whether a prisoner repatriated from Denmark under an order of “safe custody” should be detained under the Mental Health Act 1983 or as a discretionary life sentence prisoner.
 
R (Matthew Williams) v Home Secretary 280
Issue: The requirements of fairness in relation to the Category A review of a post-tariff discretionary life sentence prisoner.
 
In Re ‘W’ 285
Issue: Whether a prisoner was entitled to refuse treatment for self-inflicted wounds.
 
R (Scott Williams) v Governor HMP Standford Hill and Home Secretary 291
Issue: Whether a decision as to recategorisation was procedurally fair.
 
R (P) v Home Secretary 294
Issue: Whether the policy of failing to take into account escape potential in determining Category A status was lawful.
 
R (Biggs) v Home Secretary 300
Issue: Whether the emergency recall of prisoners on licence should be challenged by judicial review; whether the decision on the facts was unreasonable.
 
R (Barnsley) v Home Secretary 306
Issue: Whether the Defendant was right to refuse to quash a disciplinary finding of guilt on the basis of insufficiency of evidence and a refusal to admit certain evidence
 
Noorkoiv v Home Secretary and Parole Board 311
Issue: Whether the failure to hold a review of the continuing detention of a life sentence prisoner until several weeks after the expiry of his tariff breached Art 5 European Convention.
 
Stenning v Home Secretary 322
Issue: Whether the management of a prisoner who injured another was negligent.
 
Faulkner v UK 332
Issue: Whether the failure to deliver a letter to a government minister breached Art 8 European Convention.
 
Kalashnikov v Russia 334
Issue: Whether conditions in prison breached Art 3 European Convention; whether delays in proceedings breached Art 5 and/or Art 6.
 
Ezeh and Connors v UK 354
Issue: Right to legal representation at disciplinary hearings
 
R v Lenehan; R (Lenehan) v Home Secretary 369
Issue: Release date and remand time deducted from sentence; whether period in remand for offences subsequently ‘taken into account’ are relevant, and when one offence ‘arises’ from another for purposes of calculating periods of remand that can be deducted from sentence
 
R (Bloggs 61) v Home Secretary 377
Issue: The lawfulness of a decision to remove a police informant from the Protected Witness Unit into the mainstream prison system after he had received assurances from the police that he would remain in the PWU.
 
R (Taylor) v Parole Board and Home Secretary 392
Issue: Whether a decision to recall a prisoner on licence was justified.
 
R (DF) v Chief Constable, Norfolk Police and Home Secretary 396
Issue: Lawfulness of a decision to refuse a prisoner admission into a Protected Witness Unit – how immediate the danger has to be in considering the risk
 
Dancy v UK 413
Issue: Whether delays between Parole Board hearings breached Art 5 European Convention
 
Mouisel v France 419
Issue: Whether continued detention breached Art 3 European Convention in light of the detainee’s medical condition.
 
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