D, R (on the application of) v Secretary of State for the Home Department

D, R (on the application of) v Secretary of State for the Home Department

To satisfy Article 2 ECHR in cases of life-threatening self-harm in custody, the state must conduct an independent, effective, and public inquiry (subject to exceptions for privacy or public interest), provide D's representatives with access to evidence, allow their attendance and submissions, ensure adequate funding, and have the power to compel witnesses if necessary. However, there is no absolute right for D's representatives to cross-examine witnesses; this is at the discretion of the inquiry chair.

Parties
Claimant/respondent: D (by the Official Solicitor his litigation friend); Defendant/appellant: The Secretary of State for the Home Department; Intervener: INQUEST
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; judge's order largely upheld except for right to cross-examine witnesses.
Legal Topics
Article 2 ECHR (right to Life), Procedural Obligations of the State, Investigations Into Deaths/near Deaths in Custody, Public Inquiries, Access to Evidence, Legal Representation and Funding
Human Rights Law Administrative Law Prison Law Article 2 ECHR (right to Life) Procedural Obligations of the State Investigations Into Deaths/near Deaths in Custody Public Inquiries Access to Evidence +1 more

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Parties

D (by the Official Solicitor his litigation friend)

Claimant/respondent

The Secretary of State for the Home Department

Defendant/appellant

INQUEST

Intervener

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 What procedural requirements must an inquiry satisfy under Article 2 ECHR when a prisoner suffers life-threatening self-harm?
  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 cases of life-threatening self-harm in custody, the state must conduct an independent, effective, and public inquiry (subject to exceptions for privacy or public interest), provide D's representatives with access to evidence, allow their attendance and submissions, ensure adequate funding, and have the power to compel witnesses if necessary. However, there is no absolute right for D's representatives to cross-examine witnesses; this is at the discretion of the inquiry chair.

Court Disposition

Appeal allowed in part; judge's order largely upheld except for right to cross-examine witnesses.

Orders

  • Inquiry must be public, subject to Convention-compatible exceptions.
  • D's representatives must have access to evidence, attend hearings, make submissions, and have adequate funding.