2005 Volume 1
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Cases Reported |
| Rodgers v Governor HMP Brixton and Home Secretary | 1 |
| Issue: Whether recall for breach of a licence condition was lawful when the supervision period mentioned in the licence had expired; whether the reasons for recall could be changed. | |
| R (Ahmed) v Home Secretary | 6 |
| Issue: Whether a decision to refuse permission to use photographs taken in prison was procedurally fair. | |
| R (Payne) v Home Secretary | 11 |
| Issue: Whether the policy of not considering life sentence prisoners for transfer to open conditions until 3-3½ years before tariff expiry, save in exceptional circumstances, was lawful; whether the case was exceptional. | |
| R v David Smith | 16 |
| Issue: Whether the notional determinate term in a life sentence should be adjusted to take account of the factor of public protection built into a life sentence. | |
| R (Roberts) v Home Secretary | 20 |
| Issue: Whether the decision to retain a prisoner in category A conditions relied impermissibly on a denial of guilt and consequent failure to do offending-behaviour work; the impact of factors relevant to parole and escape potential. | |
| R (Roberts) v Parole Board | 29 |
| 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 (Lindo) v Home Secretary (Administrative Court) | 37 |
| Issue: Whether time spent unlawfully at large following breach of a Home Detention Curfew licence should count when the prisoner was released at the half-way point of the sentence but recalled again. | |
| R (Lindo) v Home Secretary (Court of Appeal) | 40 |
| Issue: Whether time spent unlawfully at large following breach of a Home Detention Curfew licence should count when the prisoner was released at the half-way point of the sentence but recalled again. | |
| R (Jarvis) v Parole Board | 44 |
| Issue: Whether, in determining whether to release a recalled extended sentence prisoner, the Parole Board was required to compare current risk with that at the time of the sentence; whether ongoing detention was proper on the facts. | |
| R (Clift) v Home Secretary | 51 |
| Issue: Whether the Home Secretary’s power to decide the release of those serving 15 years or more breached Arts 5 and 14 European Convention. | |
| R (Hindawi and Headley) v Home Secretary | 56 |
| Issue: (1) Whether it was lawful to discriminate between prisoners who subject to a deportation order with those who were not in respect of early release on parole (2) whether the reasons given for refusing release on parole were adequate. | |
| R (SP) v Home Secretary (Administrative Court) | 71 |
| Issue: Whether a segregated young offender had to be provided with a full range of purposeful activity; whether an inmate should be allowed to make representations in advance of being segregated | |
| R (SP) v Home Secretary (Court of Appeal) | 84 |
| Issue: Whether an inmate should be allowed to make representations in advance of being segregated | |
| R (McIntyre) v Home Secretary | 98 |
| Issue: Whether the refusal to accept a recommendation for transfer to open conditions was reasonable. | |
| R (Cross) v Governor, HMYOI Thorn Cross | 100 |
| Issue: The propriety of the policy not to release on Home Detention Curfew Scheme prisoners convicted of certain offences unless there are exceptional circumstances; its application on the facts. | |
| Claire F v (1) Home Secretary (2) Lia-Jade F (a minor by her litigation friend the Official Solicitor) | 104 |
| Issue: Whether the policy in relation to Mother and Baby Units was lawful; whether the process followed on the facts was fair. | |
| Duddin v Home Office | 149 |
| Issue: Whether a claim in negligence and misfeasance in a public office arising out of the misconduct of an officer in relation to a prisoner’s wife, subsequent disciplinary proceedings against the officer and alleged victimisation of the prisoner should have been dismissed. | |
| Flynn and Others v HM Advocate | 154 |
| Issue: Whether factors arising since the date of sentence could be taken into account when the High Court of Justiciary set the punitive part of the sentence of existing mandatory lifers in Scotland. | |
| Napier v Scottish Ministers | 176 |
| Issue: Whether Art 3 and/or Art 8 European Convention were breached by prison conditions. | |
| R v Sullivan and Others | 210 |
| Issue: The appropriate tariffs for murder under the transitional arrangements in the Criminal Justice Act 2003 | |
| R (Davies) v Home Secretary | 228 |
| Issue: Whether conditions in a licence which prevented a sex offender from visiting his home without permission were lawful. | |
| R (Uttley) v Home Secretary | 234 |
| Issue: Whether a Defendant convicted after the Criminal Justice Act 1991 came into effect of offences which occurred prior to that was subject to a greater penalty by virtue of the revised release on licence system; whether this breached Art 7 European Convention. | |
| R (Francis and Clarke) v Home Secretary | 245 |
| Issue: Whether a prisoner who has been recalled after having been released on licence has only 1 opportunity under s39 Criminal Justice Act 1991 to make written representations with respect to his recall. | |
| R (Buxton) v Parole Board | 253 |
| Issue: Whether the Board is required, in considering whether a recalled prisoner presents an “unacceptable risk” of reoffending, to balance risk against the interests of the prisoner. | |
| R (Vary and others) v Home Secretary | 262 |
| Issue: Whether a change in policy relating to categorisation of long-term prisoners defeated legitimate expectations; whether the policy was applied too inflexibly. | |
| R (Noye) v Home Secretary | 274 |
| Issue: Whether the refusal to grant a conditional pardon to reduce a life sentence to a determinate term was arguably in error. | |
| Hirst v UK | 275 |
| Issue: Whether a blanket ban on voting by serving prisoners breached Art 3 of Protocol 1 to the European Convention. | |
| Dickson and Dickson v Premier Prison Services and Home Secretary | 287 |
| Issue: Whether a refusal to allow a serving prisoner to use artificial insemination was lawful. | |
| R (Morton) v Governor, HMP Long Lartin | 292 |
| Issue: Whether the issue of written warnings under the local incentives scheme breached the national framework document or Art 6 European Convention. | |
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