R (King) v Secretary of State for Justice

Subject Matter

PRISONS — Prisoners’ rights — Disciplinary proceedings — Inmates in young offender institution or prison — Governor ordering segregation from other inmates — Segregation review board regularly considering period of detention — Whether right to association with other inmates “civil right” — Whether right to private and family life engaged — Whether hearings before governor and segregation review boards “determination” of civil rights — Whether breach of Convention right to fair trial before independent tribunal — Whether availability of judicial review securing compliance with Convention — Human Rights Act 1998, Sch 1, Pt I, arts 6, 8

[2010] EWHC 2522 (Admin); [2011] 1 WLR 2667; [2011] 3 All ER 776; [2010] WLR (D) 258; [2011] ACD 13; The Times, 8 March 2011; [2010] UKHRR 1245, DC

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 (as amended by Criminal Justice and Public Order Act 1994 (c 33), s 6(2)). s 47(1) — Prison Rules 1999 (as amended by the Prison (Amendment) (No 2) Rules 2005 (SI 2005/3437), r 2, Sch 1, para 9). r 45

[2015] UKSC 54; [2016] AC 384; [2015] 3 WLR 457; [2016] 1 All ER 1033; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case comment: R (Bourgass) v Secretary of State for Justice [2015] UKSC 54 [2015] Cas Com 29

Blackstones Civil Practice 2023
Grounds of Judicial Review - Irrationality - Improper delegation 77.16