Haase, R (on the application of) v Independent Adjudicator & Ors

Haase, R (on the application of) v Independent Adjudicator & Ors

Fairness under Article 6 does not require an independent prosecutor in prison disciplinary proceedings before Independent Adjudicators. The existing procedural safeguards, including the inquisitorial process, entitlement to legal representation, and duties of fairness imposed on prison officers and adjudicators, are sufficient to ensure a fair trial. The decision in R v Stow does not extend to such proceedings, and there is no Strasbourg authority requiring prosecutorial independence in this context.

Parties
Claimant: John Haase; First Defendant: Independent Adjudicator District Judge Nuttall; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Article 6 ECHR, Fair Trial, Prison Disciplinary Proceedings, Independence of Prosecutor, Judicial Review
Constitutional Law Criminal Law Prison Law Human Rights Article 6 ECHR Fair Trial Prison Disciplinary Proceedings Independence of Prosecutor +1 more

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Parties

John Haase

Claimant

Independent Adjudicator District Judge Nuttall

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the lack of an independent prosecutor in prison disciplinary proceedings before an Independent Adjudicator violates Article 6 of the European Convention on Human Rights (ECHR) and the right to a fair trial.
  2. 2 Whether the system in which a prison officer who is a witness also acts as prosecutor is institutionally incompatible with Article 6.

Ratio Decidendi

Fairness under Article 6 does not require an independent prosecutor in prison disciplinary proceedings before Independent Adjudicators. The existing procedural safeguards, including the inquisitorial process, entitlement to legal representation, and duties of fairness imposed on prison officers and adjudicators, are sufficient to ensure a fair trial. The decision in R v Stow does not extend to such proceedings, and there is no Strasbourg authority requiring prosecutorial independence in this context.

Court Disposition

Application for judicial review dismissed