R (P) v Secretary of State for Justice

Subject Matter

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, Sch 1, Pt I, art 3

[2009] EWCA Civ 701; [2010] QB 317; [2010] 2 WLR 967; [2009] WLR (D) 234, CA

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

[2009] EWCA Civ 701; [2010] QB 317; [2010] 2 WLR 967; [2009] WLR (D) 234, CA

Appellate History