Prisons in UK Law
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Raymond v Honey
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In my opinion, there is nothing in the Prison Act 1952 that confers power to make regulations which would deny, or interfere with, the right of the respondent, as a prisoner, to have unimpeded access to a court. Section 47, which has already been quoted, is a section concerned with the regulation and management of prisons and, in my opinion, is quite insufficient to authorise hindrance or interference with so basic a right.
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R (Lichniak) v Secretary of State for the Home Department
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I doubt whether there is in truth a burden on the prisoner to persuade the Parole Board that it is safe to recommend release, since this is an administrative process requiring the board to consider all the available material and form a judgment.
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R (Daly) v Secretary of State for the Home Department
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First, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. Secondly, the proportionality test may go further than the traditional grounds of review inasmuch as it may require attention to be directed to the relative weight accorded to interests and considerations.
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R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
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Here this was the situation in relation to Deputy Governor Copple. Because the lawfulness of the order was being challenged, it was apparent there could be questions which required, if they were answered, the revelation of information which the prison could reasonably wish to remain confidential in the interests of security. For example, in prisons, sources of information are vital to the maintenance of security and control.
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R (Jean Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department
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These statistics, grim though they are, do not of themselves point towards any dereliction of duty on the part of the authorities (which have given much attention to the problem) or any individual official. But they do highlight the need for an investigative regime which will not only expose any past violation of the state's substantive obligations already referred to but also, within the bounds of what is practicable, promote measures to prevent or minimise the risk of future violations.
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R (Imtiaz Amin) v Secretary of State for the Home Department
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The purposes of such an investigation are clear: to ensure so far as possible that the full facts are brought to light; that culpable and discreditable conduct is exposed and brought to public notice; that suspicion of deliberate wrongdoing (if unjustified) is allayed; that dangerous practices and procedures are rectified; and that those who have lost their relative may at least have the satisfaction of knowing that lessons learned from his death may save the lives of others.
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R v Secretary of State for the Home Department, ex parte Simms
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The potential for increased problems with security and discipline, staff, other inmates, and after conviction, with victims or their families, all underline the need for control of such visits to be vested in and exercised by the Governor. This is what the regulatory framework is intended to achieve and in the circumstances I have concluded that the restriction currently under consideration is not ultra vires.
- Privatising Prisons
- Book Review: Prisons
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Groupwork in Prisons
Following an earlier pilot study of 32 prisons which showed that probation officers were participating in more prison groupwork than any other single professional group, Graham Towl, Head of Forens...
- Bullying in Prisons
- Mental Health Inquiry In Prisons Launched
- Coronavirus In Prisons: Should Inmates Be Released To Stop The Spread?
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UK Public Procurement Law Digest: The Dangers of Prison Food, Electronic Auctions, and Moving Goalposts in Public Procurement
In recent procurement law cases, courts have tended to side with public authorities (rather than bidders) when considering whether a claim raises a serious issue to be tried. In this case, at least......... seek summary judgment in respect of parts of a claim brought by a disgruntled food supplier which lost out in a tender to supply the UK’s prisons with frozen food. WHY IS THIS CASE IMPORTANT? While this case may not create any new legal rules, it does contain several reminders of important ......
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Justice Select Committee To Hold Whiplash Inquiry
...... The reforms previously formed part of the Prisons and Courts Bill, but were shelved due to the general election. Following the election it was announced the reforms will now be introduced in specific ......
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Chapter TTM03610
...... hotels - a ship-based holiday where the ship remains moored and there is no sea transportation element does not qualify for tonnage tax. prisons. radio stations. casinos - a ship that sails out of territorial waters to operate gambling facilities does not qualify for tonnage tax. ......
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Chapter ETASSUM52160
......It does not cover institutions such as prisons and boarding schools, where, although overnight accommodation is provided, the main purpose is quite different, (Paragraph 21). ......
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Chapter CG73740
...... matter of policy it would not be appropriate to charge non-resident CGT. Exclusions are therefore provided for such property as hospitals, prisons, homes for the elderly and hotels. An exemption is also provided for certain student accommodation, but this only applies in the particular type of ......
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Chapter CG73928
...... hospitals or hospices;. prisons or similar establishments;. hotels or similar establishments;. an institution that is the sole or main residence of its residents;. certain ......