D, R (on the application of) v Secretary of State for the Home Department [2006] EWCA Civ 143 (28 February 2006)

D, R (on the application of) v Secretary of State for the Home Department [2006] EWCA Civ 143 (28 February 2006)

To satisfy Article 2 ECHR in this case, the inquiry into the near-fatal suicide attempt must be held in public, with the claimant's representatives able to attend, access evidence, and make submissions, but there is no absolute right to cross-examine witnesses; the procedure is for the inquiry chair to determine, provided fairness and effective involvement are ensured.

Citation
[2006] EWCA Civ 143
Parties
Claimant/respondent: THE QUEEN on the application of D (by the Official Solicitor his litigation friend); Defendant/appellant: THE SECRETARY OF STATE FOR THE HOME DEPARTMENT; Intervener: Ms Alison Macdonald
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court Administrative Court
Outcome
Appeal allowed in part; judge's order largely upheld except for the right to cross-examine witnesses, which is not mandatory.
Legal Topics
Article 2 ECHR Right to Life, Procedural Obligations for Investigations, Prisoner Self Harm and State Responsibility, Public Inquiries, Cross Examination Rights in Inquiries
Human Rights Law Prison Law Administrative Law Article 2 ECHR Right to Life Procedural Obligations for Investigations Prisoner Self Harm and State Responsibility Public Inquiries Cross Examination Rights in Inquiries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

THE QUEEN on the application of D (by the Official Solicitor his litigation friend)

Claimant/respondent

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Defendant/appellant

Ms Alison Macdonald

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court Administrative Court

Legal Issues

  1. 1 What procedural requirements must an inquiry into a near-fatal prison suicide attempt satisfy under Article 2 ECHR?
  2. 2 Is a public hearing mandatory?
  3. 3 Must the claimant's representatives have the right to cross-examine witnesses?

Ratio Decidendi

To satisfy Article 2 ECHR in this case, the inquiry into the near-fatal suicide attempt must be held in public, with the claimant's representatives able to attend, access evidence, and make submissions, but there is no absolute right to cross-examine witnesses; the procedure is for the inquiry chair to determine, provided fairness and effective involvement are ensured.

Court Disposition

Appeal allowed in part; judge's order largely upheld except for the right to cross-examine witnesses, which is not mandatory.

Orders

  • Inquiry must be held in public, subject to Convention-compatible exceptions.
  • Inquiry must have power to compel witnesses if necessary.