Kenyon, R (on the application of) v HMP Wakefield & Anor

Kenyon, R (on the application of) v HMP Wakefield & Anor

The policy restricting prisoner access to IT facilities is drafted in terms of Article 6 ECHR and is compliant with it. The Claimant failed to demonstrate a real need for IT facilities, as he has no ongoing proceedings and any potential appeal is speculative. The Governor was entitled to refuse the request, and both grounds for judicial review are unarguable.

Parties
Claimant: Glyn Kenyon; First Defendant: The Governor HMP Wakefield; Second Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Judicial Review / Application for Permission to Amend, Permission to Proceed, and Substantive Hearing
Outcome
Applications to amend, for permission, and for permission out of time refused.
Legal Topics
Article 6 ECHR, Access to Justice, Prisoner Rights, Judicial Review Procedure
Human Rights Prison Law Administrative Law Article 6 ECHR Access to Justice Prisoner Rights Judicial Review Procedure

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 8 Party arguments 2
Sign in to unlock

Parties

Glyn Kenyon

Claimant

The Governor HMP Wakefield

First Defendant

The Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Application for Permission to Amend, Permission to Proceed, and Substantive Hearing

Legal Issues

  1. 1 Whether the policy restricting prisoner access to laptops for legal work is compatible with Article 6 ECHR
  2. 2 Whether the Governor lawfully applied the policy to the Claimant's circumstances

Ratio Decidendi

The policy restricting prisoner access to IT facilities is drafted in terms of Article 6 ECHR and is compliant with it. The Claimant failed to demonstrate a real need for IT facilities, as he has no ongoing proceedings and any potential appeal is speculative. The Governor was entitled to refuse the request, and both grounds for judicial review are unarguable.

Court Disposition

Applications to amend, for permission, and for permission out of time refused.

Orders

  • Permission for this judgment to be cited in other proceedings.