Massey v Governor of HM Prison Liverpool & Anor

Massey v Governor of HM Prison Liverpool & Anor

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

Parties
Claimant: Malcolm David of the Family Massey; First Defendant: Governor of HM Prison Liverpool; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
26 August 2011
Procedural Posture
Judicial Review / Habeas Corpus / Application for Writ of Habeas Corpus Decision
Outcome
Application refused
Legal Topics
Habeas Corpus, Lawful Detention, Jurisdiction, Appeal Process
Criminal Law Constitutional Law Habeas Corpus Lawful Detention Jurisdiction Appeal Process

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Malcolm David of the Family Massey

Claimant

Governor of HM Prison Liverpool

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Habeas Corpus / Application for Writ of Habeas Corpus Decision

Legal Issues

  1. 1 Whether the claimant's detention was lawful
  2. 2 Whether lack of consent invalidated the criminal proceedings
  3. 3 Whether habeas corpus is available in these circumstances

Ratio Decidendi

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

Court Disposition

Application refused

Orders

  • Application for writ of habeas corpus refused