Massey v Governor of HM Prison Liverpool & Anor [2011] EWHC 2270 (Admin) (26 August 2011)

Massey v Governor of HM Prison Liverpool & Anor [2011] EWHC 2270 (Admin) (26 August 2011)

The claimant was lawfully convicted and sentenced by a competent court; therefore, there is no basis for the grant of habeas corpus.

Citation
[2011] EWHC 2270 (Admin)
Parties
Claimant: Malcolm: David of the Family Massey; First Defendant: Governor of HM Prison Liverpool; Second Defendant: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
26 August 2011
Procedural Posture
Application for Writ of Habeas Corpus / Judgment After Hearing
Outcome
Application for writ of habeas corpus refused
Legal Topics
Habeas Corpus, Lawful Detention, Jurisdiction, Appeal Process
Criminal Law Administrative Law Habeas Corpus Lawful Detention Jurisdiction Appeal Process

Case Brief

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Parties

Malcolm: David of the Family Massey

Claimant

Governor of HM Prison Liverpool

First Defendant

The Secretary of State for Justice

Second Defendant

Procedural Posture

Application for Writ of Habeas Corpus / Judgment After Hearing

Legal Issues

  1. 1 Whether the claimant's detention was lawful
  2. 2 Whether lack of claimant's consent invalidated the conviction or sentence
  3. 3 Jurisdiction of the court to grant habeas corpus in light of ongoing appeal

Ratio Decidendi

The claimant was lawfully convicted and sentenced by a competent court; therefore, there is no basis for the grant of habeas corpus.

Court Disposition

Application for writ of habeas corpus refused