Prison Rules in UK Law

Leading Cases
  • Leech v Deputy Governor of Parkhurst Prison; Prevot v Deputy Governor of Long Lartin Prison
    • House of Lords
    • 04 Febrero 1988

    The principle is now as well established as any principle can be in the developing field of public law that where any person or body exercises a power conferred by statute which affects the rights or legitimate expectations of citizens and is of a kind which the law requires to be exercised in accordance with the rules of natural justice, the court has jurisdiction to review the exercise of that power.

  • R v Deputy Governor of Camphill Prison, ex parte King
    • Court of Appeal (Civil Division)
    • 31 Julio 1984

    In my judgment a prison governor is nothing more than a manager appointed by and answerable to the Secretary of State. In prisons, as in the Armed Services, those who have grievances can, and should, follow the way laid down for getting them dealt with. Prisoners can make complaints to the visiting committee or board of visitors (see Rule 95) and petition the Secretary of State.

  • Raymond v Honey
    • House of Lords
    • 04 Marzo 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.

  • R v Board of Visitors of Hull Prison, ex parte St Germain
    • Court of Appeal (Civil Division)
    • 03 Octubre 1978

    The courts are in general the ultimate custodians of the rights and liberties of the subject whatever his status and however attenuated those rights and liberties may be as the result of some punitive or other process. An essential characteristic of the right of a subject is that it carries with it a right of recourse to the courts unless some statute decrees otherwise What should be the nature and measure of the, relief accorded must be a matter for the courts.

    In each case the subject-matter may be the same; the relevant fundamental regulations are common to both forms of proceeding.

  • Tiwari v State of Trinidad and Tobago
    • Privy Council
    • 29 Mayo 2002

    Their Lordships appreciate that a convicted prisoner in custody who has served notice of appeal is given a considerable number of privileges which are withheld from a convicted prisoner who has not appealed, but it appears to their Lordships that this consideration is greatly outweighed by the fact that an appellant who has served notice of appeal and who has not been admitted to bail has lost his liberty and is confined in prison, albeit with a number of special privileges.

  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 Julio 1991

    The prisoner is at all times lawfully restrained within closely defined bounds and if he is kept in a segregated cell, at a time when, if the rules had not been misapplied, he would be in the company of other prisoners in the workshop, at the dinner table or elsewhere, this is not the deprivation of his liberty of movement, which is the essence of the tort of false imprisonment, it is the substitution of one form of restraint for another.

See all results
Legislation
See all results
Books & Journal Articles
  • Remedies for breaches of prisoners’ rights in the European Prison Rules
    • No. 11-4, December 2020
    • New Journal of European Criminal Law
    This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (E...
  • Prison, women and prison rules for women
    • No. 18-4, July 2021
    • European Journal of Criminology
    Imprisoned women are rather ‘unproblematic’, especially when compared with imprisoned men. However, the seemingly logical expectation of a less harsh prison regime for women is not always implement...
  • Juridical Message in the Shadow of the Carceral: Prison Discipline, Additional Days and the Feasibility of Penal Communication
    • No. 30-6, December 2021
    • Social & Legal Studies
    Juridical and carceral scholarship seldom interact. As a result, the visible and less visible intersections and gaps between the two penal logics and discourses are often overlooked. The paper argu...
    ... ... As a case study, the paperproblematises the disciplinary punishment of imposing ‘additional days’ of prison time(AD) for prison rules violations, through the lenses of communicative sentencing theory.The paper argues that AD may undermine the juridical communicative ideal as it ... ...
  • Lost in translation: The principle of normalisation in prison policy in Norway and the Netherlands
    • 0000
    The principle of normalisation has gained more prominence in international prison law, with both the United Nations Standard Minimum Rules (UN SMR) and the European Prison Rules (EPR) promoting nor...
    ... ... principle of normalisation has gained more prominence in international prison law,with both the United Nations Standard Minimum Rules (UN SMR) and the EuropeanPrison Rules (EPR) promoting normalisation to the guiding principles. In generalterms, normalisation refers to shaping life ... ...
See all results
Law Firm Commentaries
See all results
Forms
  • Warrant of committal (contempt in face of court) (rules 81.16 and 81.30)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... NOW BY THE ORDER OF THIS COURT given this day (name of contemnor) stands committed to Her Majesty’s Prison (name of prison) for [his] [her] contempt ... THIS WARRANT COMMANDS you and every one of you in Her Majesty’s name to apprehend (name of ... ...
  • Notice of hearing for Committal Order
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... The court has the power to take out an order to send you to prison, fine you, or seize your assets if it finds that ... any of the ... Your attention is drawn to Part 21 of the Court of Protection Rules 2017 ... (the Rules) and Practice Direction 21A supplementing the Rules ... ...
  • Appellant's notice (Application for Permission to Appeal Under Sections 26, 28, 103, 105, 108 and 110 of the Extradition Act 2003)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... Address (including postcode) If   in custody please include the Prison Number and date of birth ...   ...   ... ... be attached to this notice of application (See Criminal Procedure Rules" r.50.20) ... \t\t\t\t\t\t\tThe grounds of appeal must: ... \t\t\t\t\t\t\t (i)      \xC2" ... ...
  • Apply to extend a representation order
    • HM Courts & Tribunals Service court and tribunal forms
    Crown Court forms including the form to extend a representation order.
    ... ... the case to be managed in accordance with the Criminal Procedure Rules ...   ...  In submitting this application I ... Prison mutiny, under the Prison Security Act 1992; ... Riot in the course of ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT