Divisional Courts
| Published date | 01 July 1978 |
| Date | 01 July 1978 |
| DOI | http://doi.org/10.1177/002201837804200303 |
| Subject Matter | Article |
Divisional
Courts
Comments
on
Cases
CERTIORARI AGAINST PRISON VISITORS
R.
v.
Board
of
Visitors
of
Hull Prison
ex parte St. Germain
This case (1978 2W.L.R. 598) arose out
of
the riots in
Hull
Prison
on August and September 1976. The Applicant and six other prisoners
were brought before the Board of Visitors on charges
of
acts
of
in-
discipline during the riots. They were found guilty, and punishments
were imposed including loss
of
remission.
The Applicant and the six other prisoners then applied to the
DivisionalCourt for an order of certiorari to quash the decisions
of
the Board, on the ground that they had failed to comply with the rules
of
natural justice. The point was taken initially by Counsel for the
Board that certiorari would not go to a Board
of
Prison Visitors. The
Divisional Court decided this issue first.
The Board of Visitors is created by the Prison Act 1952 s.6. The
same Act gives the Board disciplinary powers and, by Section 47(2)
provision is made for rules to ensure that a prisoner charged with
an offence is given a"proper opportunity of presenting his case."
The Prison Rules 1964 (s.l 1964 No. 388) contain a section
dealing with offences against discipline. Rule 56 givesthe Secretary
of
.
State power to review punishments imposed either by the Governor of
the Prison or by the Board
of
Visitors. Lord Widgery in his judgment
thought that this was to be regarded as a further right of appeal.
The Board of Visitors also have administrative functions and this
necessarily means that they visit the prison frequently during their
tenure
of
office, which is three years or such less period as the Secretary
of
State shall appoint.
In the instant case the Court thought the Board were undoubtedly
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