Young, R (On the Application Of) v Governor of Her Majesty's Prison Highdown Secretary of State for Justice

The HDC policy was lawfully applied; it is not discriminatory or irrational, and does not violate ECHR Articles 8 or 14. The procedure followed was fair, and no comparator group exists to support the discrimination claim.

Parties: Claimant: Joseph Young; First Defendant: Governor of Her Majesty’s Prison Highdown; Second Defendant: Secretary of State for Justice
Jurisdiction: England and Wales
Judgment Date: 06 April 2011
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Home Detention Curfew, Prisoner Release Policy, Judicial Review, Discrimination, Procedural Fairness, ECHR Article 8, ECHR Article 14

Criminal Law Administrative Law Human Rights Home Detention Curfew Prisoner Release Policy Judicial Review Discrimination Procedural Fairness +2 more

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Parties

Joseph Young

Claimant

Governor of Her Majesty’s Prison Highdown

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Home Detention Curfew (HDC) policy was applied lawfully to the claimant
2 Whether the policy is discriminatory, irrational, or in violation of ECHR Articles 8 and 14
3 Whether the procedure followed was fair, including the absence of an oral hearing

Ratio Decidendi

Court Disposition

Claim dismissed