Rowen, R (on the application of) v The Governor of HMP Kirkham & Anor [2009] EWHC 3756 (Admin) (03 July 2009)

Rowen, R (on the application of) v The Governor of HMP Kirkham & Anor [2009] EWHC 3756 (Admin) (03 July 2009)

The refusal of Home Detention Curfew and the re-categorisation decisions were unlawful due to failure to provide adequate reasons and reliance on irrelevant considerations. The court could not be confident that the same decisions would have been reached if proper procedures had been followed. The handcuffing claim was arguable but required further evidence and was not adjudicated at this stage.

Citation
[2009] EWHC 3756 (Admin)
Parties
Claimant: Rowen; Defendants: Governor of HMP Kirkham & Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Judicial Review / Rolled Up Permission and Substantive Hearing
Outcome
Application for judicial review allowed in part; refusal of HDC and re-categorisation decisions quashed; handcuffing claim to proceed to further hearing.
Legal Topics
Home Detention Curfew, Prisoner Categorisation, Handcuffing of Prisoners, Article 3 ECHR, Article 8 ECHR, Judicial Review Procedure, Duty to Give Reasons
Public Law Prison Law Human Rights Home Detention Curfew Prisoner Categorisation Handcuffing of Prisoners Article 3 ECHR Article 8 ECHR +2 more

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Parties

Rowen

Claimant

Governor of HMP Kirkham & Secretary of State for Justice

Defendants

Procedural Posture

Judicial Review / Rolled Up Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the refusal of Home Detention Curfew (HDC) was lawful and adequately reasoned
  2. 2 Whether the re-categorisation from Category D to Category C was lawful and based on relevant considerations
  3. 3 Whether the handcuffing of the claimant in hospital breached his rights under the European Convention on Human Rights

Ratio Decidendi

The refusal of Home Detention Curfew and the re-categorisation decisions were unlawful due to failure to provide adequate reasons and reliance on irrelevant considerations. The court could not be confident that the same decisions would have been reached if proper procedures had been followed. The handcuffing claim was arguable but required further evidence and was not adjudicated at this stage.

Court Disposition

Application for judicial review allowed in part; refusal of HDC and re-categorisation decisions quashed; handcuffing claim to proceed to further hearing.

Orders

  • Refusal of Home Detention Curfew quashed and to be reconsidered by the appropriate governor.
  • Re-categorisation from Category D to Category C quashed and to be reconsidered.