The Law Reports (Appeal Cases)
[2016] AC 384
Supreme Court
Regina (Bourgass) v Secretary of State for Justice (Howard League for Penal Reform intervening)
Regina (Hussain) v Secretary of State for Justice (Howard League for Penal Reform intervening)
[on appeal from Regina (King) v Secretary of State for Justice]
[2015] UKSC 54
2015 Feb 16,
17;
July 29
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Sumption, Lord Reed, Lord Hodge JJSC
Prisons— Prisoners’ rights— Disciplinary proceedings— Prisoners placed in segregation for reasons of good order and discipline following incidents with other prisoners— Prison Service Order issued by Secretary of State purporting to delegate his power to authorise segregation beyond 72 hours to prison governors or officers— Whether delegation lawful— Decisions to maintain segregation taken by prison governor or senior prison officer— Whether decisions and continued segregation lawful—
Prison Act 1952 (c 52) (as amended by Criminal Justice and Public Order Act 1994 (c 33), s 6(2)), s 47(1)
—
Prison Rules 1999 (SI 1999/728) (as amended by the Prison (Amendment) (No 2) Rules 2005 (SI 2005/3437), r 2, Sch 1, para 9), r 45