The Weekly Law Reports
[2010] 2 WLR 967
Court of Appeal
Regina (P)
v
Secretary of State for Justice
[2009] EWCA Civ 701
2009 May 21;
July 6
July 6
Ward, Jacob, Stanley Burnton LJJ
Human rights— Inhuman or degrading treatment— State’s duty to investigate— Prisoner at young offender institution repeatedly self-harming and seriously injuring himself— Prisoner transferred to hospital after more than 15 months in detention— Failure to transfer earlier based on medical advice— Whether arguable case of inhuman or degrading treatment— Whether Convention right giving rise to duty to investigate detention at young offender institution—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3
Human rights— Right to life— State’s duty to investigate life-threatening injury— Prisoner at young offender institution repeatedly self-harming and seriously injuring himself— Prisoner transferred to hospital after more than 15 months in detention— Evidence that continued self-harm could become life-threatening— Whether Convention right to life giving rise to procedural duty to investigate detention at young offender institution—
Human Rights Act 1998, Sch 1, Pt I, art 2