Prisons in UK Law

Leading Cases
  • Raymond v Honey
    • House of Lords
    • 04 March 1982

    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.

  • Ellis v Home Office
    • Court of Appeal
    • 14 May 1953

    The duty upon those responsible for one of Her Majesty's prisons is to take reasonable care for the safety of those who are within, and that includes those who are within against their wish or will, of whom Ellis was one.

  • R (Lichniak) v Secretary of State for the Home Department
    • House of Lords
    • 25 November 2002

    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.

  • R (Daly) v Secretary of State for the Home Department
    • House of Lords
    • 23 May 2001

    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.

  • R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
    • Court of Appeal (Civil Division)
    • 20 July 2001

    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.

  • R (Jean Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department
    • House of Lords
    • 11 March 2004

    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.

  • R (Imtiaz Amin) v Secretary of State for the Home Department
    • House of Lords
    • 16 October 2003

    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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Legislation
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Books & Journal Articles
  • Groupwork in Prisons
    • No. 40-4, December 1993
    • Probation Journal
    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...
  • Groupwork in Prisons
    • No. 40-1, March 1993
    • Probation Journal
    Graham Towl, Head of Forensic Psychology at Highpoint Prison, conducted a pilot survey in 1991 to establish what group-work is being undertaken and by whom. Twenty-seven prison psychology units cov...
  • Privatising Prisons
    • No. 1-1, January 1986
    • Public Policy and Administration
  • Barter in Russian Prisons
    • No. 1-1, January 2004
    • European Journal of Criminology
    This article discusses findings from research in Russian prison colonies. There has been a decline in central government funding of prisons in Russia since the collapse ...
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Law Firm Commentaries
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Forms
  • Apply for help with court and tribunal fees
    • HM Courts & Tribunals Service court and tribunal forms
    Fees forms, including the EX160 form to apply for help with court and tribunal fees.
    ... ... Ministry of Justice ... The part of the UK government department that manages the ... police, courts, probation service, prisons and other parts of the ... justice system ... Not-for-profit organisation ... An organisation that does not earn money for its owners. All the ... ...
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